Understanding Fair Use: A Legal Analysis of Copyright Infringement Cases, Slides of Law

Download Understanding Fair Use: A Legal Analysis of Copyright Infringement Cases and more Slides Law in PDF only on Docsity! Wrap-up: Fair Use • Fair use was originally a judge-made doctrine, but it was codified in the 1976 Act at 17 U.S.C. s. 107 • Affirmative defense • 4 non-exclusive fair use factors are weighed • Highly fact-specific Docsity.com Sega v. Accolade • What was the issue for the Ninth Circuit to decide? • Did they find fair use? • In Sony v. Connectix, did the Ninth Circuit apply the same approach? Docsity.com Copying for Personal Use: When is it fair use? • Can simple copying ever be “productive”? • What if it is “reasonable” and “customary”? • In Sony, did the Supreme court adopt either of these theories in finding fair use or some other theory? Docsity.com Market Failure • This is a different theory of fair use. What is the market failure argument? • How would it resolve Sony? • Acuff-Rose? Docsity.com The Debate over Market Failure Theory • What are Professor Lydia Loren’s criticisms of the market failure theory? Do you agree with them? Docsity.com