Transcript Introduction to the Law

Copyright Law: Fair Use
Jody Blanke, Professor
Computer Information Systems
and Law
Mercer University, Atlanta
Copyright Law

Article I, Section 8 of the Constitution
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To promote the progress of science and
useful arts, by securing for limited times to
authors and inventors the exclusive right to
their respective writings and discoveries
Copyright Act of 1976

Applies to literary works, musical works,
dramatic works, pantomimes and
choreographic works, pictorial, graphic,
and sculptural works, motion pictures
and other audiovisual works, sound
recordings, and architectural works
Copyright Interest


Owner has right to reproduce, sell, rent,
lease, lend, perform, display, prepare
derivative work
Subject to some limitations or
exceptions

“Fair use”
Fair Use

Section 107 of the Copyright Act

“[T]he fair use of a copyrighted work … for
purposes such as criticism, comment, news
reporting, teaching (including multiple
copies for classroom use), scholarship, or
research, is not an infringement of
copyright. In determining whether the use
made of a work in any particular case is a
fair use the factors to be considered shall
include—”
Four Factors
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The purpose and character of the use,
including whether such use is of a commercial
nature or is for nonprofit educational
purposes
The nature of the copyrighted work
The amount and substantiality of the portion
used in relation to the copyrighted work as a
whole
The effect of the use upon the potential
market for or value of the copyright work
Sony v. Universal City Studios
(1984)




Movie studios sued maker of Betamax
for contributory infringement
Mr. Rogers testified for the defense
Supreme Court held that “time-shifting”
was a fair use
Legitimized videotape industry
Kinko’s (1991) & MDS (1996)

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Photocopy centers created
“coursepacks” for colleges
Held not to be a “fair use”

based primarily on fourth factor
Campbell v. Acuff-Rose Music
(1994)
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2 Live Crew recorded a satirical version
of Roy Orbison’s “Oh, Pretty Woman”
Supreme Court held that it was a fair
use
The Court focused on the song’s
“transformative” character

the parody was not a substitute for the
original
SunTrust v. Houghton Mifflin
(2001)

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“The Wind Done Gone” as a parody of
“Gone With the Wind”
11th Circuit held it was entitled to a fair
use defense, and vacated the lower
court’s injunction
Kelly v. Arriba Soft Corp.
(2002)
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Visual search engine displayed
thumbnail images of copyrighted
photographs
9th Circuit held that use of thumbnails
was a fair use
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“transformative” use of photo as index
too crude to substitute for full-size photo