Addressing the third fair use factor, the amount and substantiality of the portion used, the court cited Kelly, stating that"'If the secondary user only copies as much as is necessary for his or her intended use, then this factor will not weigh against him or her.'".
He said that such a measure“raises serious issues on the balance between freedom of speech, fair use and copyright protectionism,” as it would also filter out many torrent files that are in the public domain, or distributed with the consent of copyright holders.
Indeed, in a past case(WEB for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees.
If you use a piece of music and do not have a license or other permission from the copyright owner, you need to have a strong legal basis that justifies this, for example, if your video fits within the contours of fair use.
Conversely, anyone who is authorized by the copyright owner to use the copyrighted work in a way specified in the statute or who makes a fair use of the work is not an infringer of the copyright with respect to such use..
It is an express recognition that, as under the present law, the commercial or non-profit character of an activity, while not conclusive with respect to fair use, can and should be weighed along with other factors in fair use decisions.
When Congress amended the statute in 1976, it indicated that it“intended to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any way.”.
Adding copyrighted content to your wiki Your community may want to include copyrighted material from outside sources on the wiki. This is only allowed under one or more of the following conditions: Your use of the material will be likely to qualify as a fair use or similar exception.
Content owners and creators should know when to grant or obtain copyright permissions and licenses, as well as how concepts such as fair use, fair dealing, and public domain may impact their work.
The company has long held to the belief that it is protected by the first amendment, and that the snippets that bloggers distribute qualify for fair use(the embedded clips can only be 10 minutes long).
Because the fair use enquiry often requires close questions of judgment as to the extent of permissible borrowing in cases involving parodies(or other critical works), courts may also wish to bear in mind that the goals of the copyright law,“to stimulate the creation and publication of edifying matter,” Leval 1134, are not always best served by automatically granting injunctive relief when parodists are found to have gone beyond the bounds of fair use.
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