Unusual Cases Sharpen Copyright Law Principles
Milton Springut of Springut Law discusses three recent copyright decisions from New York federal courts that involve unusual facts or legal postures. These decisions provides a valuable review of basic copyright concepts and can yield a more nuanced understanding of them.
December 18, 2015 at 03:28 PM
13 minute read
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.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250