As hard as it may be to believe, there was a time when “Google” was not a verb, Wikipedia wasn’t a source of knowledge and no one expected instant access to digital versions of newspapers, books and movies.

All of that most certainly was the case when the Copyright Act was passed in 1976. Among the most significant features of the 1976 act was enactment of a statutory test that codified what had been the common law of “fair use.” The doctrine of fair use is a kind of safety valve that authorizes courts to permit socially beneficial uses of a work (for example, in scholarship or research) that would otherwise be considered infringement.

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