Most litigated cases present fairly routine fact patterns with well-established legal principles. The main point of contention is mustering proof of the facts. Occasionally, courts confront unusual cases which can serve to sharpen understanding of the underlying legal principles involved. These cases also highlight and help define for the bar legal concepts that take on a new understanding when reviewed in light of unusual situations.

We review here three recent copyright decisions from New York federal courts that involve unusual facts or legal postures. Review of these decisions can be both a valuable review of basic copyright concepts and can yield a more nuanced understanding of them.

Fair Use: Not Just for Defense

From the very beginning of copyright law in this country, federal courts have allowed a defense to a charge of copyright infringement referred to as the “fair use” defense. Now codified in Section 107 of the Copyright Act, certain uses of a copyrighted work—including criticism, comment, news reporting, teaching, scholarship—are deemed “not an infringement of copyright.” Courts are charged with reviewing four statutory factors to determine whether the use is “fair;” if the court concludes it is, that constitutes a complete defense to a claim of copyright infringement.