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Fair use is not a “right” (as in a well defined thing you can do freely) but rather a “defense” if someone claims a copyright violation. It’s defined in terms t
by elondaits 6y ago
Fair use is not a “right” (as in a well defined thing you can do freely) but rather a “defense” if someone claims a copyright violation. It’s defined in terms that need to be evaluated by a judge case by case (e.g., if there is an economical damage).
- GoblinSlayer 6y agoRights can be challenged too.
- dredmorbius 6y ago17 USC 108(f)(4) states "Nothing in this section— ... in any way affects the right of fair use as provided by section 107". Emphasis added. Your claim is contradicted by statute. https://www.law.cornell.edu/uscode/text/17/108 https://www.law.cornell.edu/uscode/text/17/108 Yes, Fair Use is an affirmative defence, not an automatic get-out-of-jail-free card. I clearly state this in the article. (Author)
- dredmorbius 6y agoActually, in Lenz v. Universal, Fair Use is more than an affirmative defence: we hold — for the purposes of the DMCA — fair use is uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses. We conclude that because 17 U.S.C. § 107 created a type of non-infringing use, fair use is "authorized by the law" and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c). -- 9th Circuit https://scholar.google.com/scholar_case?case=12567649168680108221 https://scholar.google.com/scholar_case?case=125676491686801...