J385: Communication Law Home Page


FAIR USE


1976 Act: '[T]he fair use of a copyrighted work...for the purposes such as criticism, comment, news reporting, teaching (not including multiple copies for classroom use), scholarship or research is not an infringement of copyright.

  • The purpose and character of the use?
  • The nature of the copyrighted work?
  • How much of the copyrighted work was used and how significant is the portion used to the whole work?
  • What is the effect of the use on the potential market value of the work?

 

Campbell v. Acuff-Rose Music, Inc. (USSC, 1994)

Kelly v. Arriba, ___F.3rd___, (9th Cir. 2001)

Dr. Seuss Enterprises v. Penguin Books, 109 F3rd 1394 (9th Cir. 1997)

 

 

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