They rely heavily on the flexibility inherent in the Fair Use doctrine
and first sale principles.
Copyright law's fair use doctrine
relies on what might be
The fair use doctrine
considers whether a new use is "transformative," and Chin believes this one is.
role played by the fair use doctrine
, copyright infringement, properly
While the jurors found Google had infringed on some Oracle Java copyrights, it was unable to determine if Google's action fell under the fair use doctrine
. Oracle is seeking at least $1 billion in damages in the case, which now enters its second phase.
at 577 (internal citation and quotations omitted) ("The fair use doctrine
This is precisely the transformative effect that should be accommodated through the fair use doctrine
. Under conventional fair use analysis, however, these dramatic transformative effects are nearly irrelevant.
Congress intentionally excluded this prohibition in order to "assure that the public will have the continued ability to make fair use of copyrighted works." (32) The DMCA does not prohibit the act of circumventing a technological measure designed to prevent copying because the public may have the right to "copy" a copyrighted work under the fair use doctrine
. (33) Inapposite, the act of gaining unauthorized access to a copyrighted work is never protected by fair use (34) and, according to Congress, is "the electronic equivalent of breaking into a locked room in order to obtain a copy of a book." (35) But Congress did not rely on this distinction and its legislative history to preserve fair use rights.
Many moved immediately to "risk management" (i.e., strategizing about how to avoid litigation and other negative consequences) without first determining their fair use rights, and many followed arbitrary but familiar quantitative "guidelines" rather than taking advantage of the flexibility of fair use doctrine
. Often, interviewees preferred to be guided by the more specific provisions in Sections 108, 110, and 121 of the Copyright Act, even where fair use would permit activities unsanctioned by those exemptions.
A commonly pleaded goal of copyright law, and the fair use doctrine
contained therein, is the advancement of knowledge and the creation of new works .
The Fair Use Doctrine
, as outlined in Section 107 of the U.S.
It is a threat to the fair use doctrine
as it applies to electronic media in that it validates both shrink and click-wrap licenses and replaces copyright law with contract law, thus allowing users to "click away their fair use rights" (Hoffman, 2001, p.