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> courts are supposed to interpret the law The law also states that copyright's purpose is to stimulate progress of the arts, and that's why fair use is possib
by bonzini 6y ago
> courts are supposed to interpret the law
The law also states that copyright's purpose is to stimulate progress of the arts, and that's why fair use is possible. Interpreting the law also means establishing the limits of fair use.
- guscost 6y agoGood point.
- dragonwriter 6y agoNo, fair use is possible because of the First Amendment. While it is now adopted in statute, the statute was codifying a Constitutional limit that courts previously found in copyright protection grounded in the First Amendment, not the Copyright Clause. But, still, yes, determining the scope and applicability of fair use is part of applying the law.
- bonzini 6y agoAh, I had heard of the first amendment thing but I thought it was why government work must be in the public domain (i.e. putting it under copyright would prevent reproduction and therefore infringe first amendment rights).