Copyright Fair Use Doctrine and Cases Checklist

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Copyright Fair Use Doctrine:

Fair use is a legal doctrine that permits limited use of copyrighted material without needing to obtain permission from the copyright holder.

Checklist of Cases:

1. Napster (2000): Court ruled in favor of record labels, stating that Napster's service was not fair use due to its mass copying and distribution of copyrighted music.
2. Campbell v. Acuff Rose Music (1994): The court found that a parody song was protected under fair use because it was transformative and did not harm the market for the original work.
3. Harper & Row v. Nation Enterprises (1985): Court ruled that excerpts from President Gerald Ford's diary were not fair use because they were commercially exploited without permission.
4. Sony Corp. of America v. Universal City Studios (1976): The court found that home recording of TV shows for private viewing was a fair use, but not if it involved commercial sale or public performance.
5. Ward v. Rock Against Racism (1989): Court ruled that the unauthorized use of 52 seconds from a song was not fair use due to its limited duration and lack of transformative value.

Key Factors:

• Purpose and character of use
• Nature of the copyrighted work
• Amount and substantiality of the portion used
• Effect of the use upon the potential market for or value of the copyrighted work

Implementing a Copyright Fair Use Doctrine and Cases Checklist can benefit your organization in several ways:

• Provides clear guidance on what constitutes fair use under copyright law
• Helps identify relevant cases and precedents to inform decision-making
• Facilitates accurate assessments of potential copyright infringement risks
• Supports compliance with copyright regulations and avoids costly lawsuits
• Enhances organizational reputation by demonstrating a commitment to respecting intellectual property rights

The key components of the Copyright Fair Use Doctrine include:

1. Purpose and Character of the Use
   • Commercial vs non-commercial use
   • Educational vs transformative use
2. Nature of the Work
   • Published vs unpublished work
   • Originality and creativity of the work
3. Amount and Substantiality of the Portion Used
   • Quantity and significance of the portion used
4. Effect of the Use on the Market for or Value of the Work
   • Harm to the market demand or value of the original work

The Fair Use Cases Checklist includes:

1. Campbell v. Acuff-Rose Music, Inc. (1994)
   • Parody as fair use in copyright law
2. Sony Corp. v. Universal City Studios (1984)
   • Home video recording for private use is fair use
3. Harper & Row v. Nation Enterprises (1985)
   • Use of quotes and excerpts from a copyrighted work is not necessarily fair use
4. Tufenkjian v. Getty Images, Inc. (2008)
   • Downloading images without permission may be copyright infringement