Bellsouth vs. Donnelley
Burrow-Giles Lithographic Co. v. Sarony
Copyright Code—A Linked Index
Feist Publications vs.
versus Southern Building Code Congress International Inc.,
International v. Meredith Corporation
Trade-Mark Cases, 100
U.S. 82 (1879)
Constitution, Article 1, Section 8
Information on this site cannot
be considered legal advice. If you need legal advice on copyright, please
consult an attorney or refer to one or more of the sponsor links on the
side of the page. Another place you might look is the US Copyright Office
The copyright information on
this site applies to U.S. Copyright, unless otherwise stated.
and the "Digital Millennium Copyright Act" (DMCA)
Millennium Copyright Act is intended to enhance copyright protection
to emerging new media. Some question whether 'fair use' applies
under its provisions.
The text of the copyright code as amended by the Digital Millennium
Copyright Act is clear on this:
1201(c) Other Rights, Etc., Not Affected. - (1) Nothing in this
section shall affect rights, remedies, limitations, or defenses to
copyright infringement, including fair use, under this title.
Thus, the right of fair use of materials is not reduced by the act.
Fair use in the United States is a concept that developed through
'trial and error' in the court systems and only relatively recently
(1976) was incorporated into the code.
The historical and revision notes for section 107, Fair Use, says
(Section 107) endorses the purpose and general scope of the
judicial doctrine of fair use, but there is no disposition to
freeze the doctrine in the statute, especially during a period of
rapid technological change. Beyond a very broad statutory
explanation of what fair use is and some of the criteria
applicable to it, the courts must be free to adapt the doctrine to
particular situations on a case-by-case basis. Section 107 is
intended to restate the present judicial doctrine of fair use, not
to change, narrow, or enlarge it in any way.
In an internet search using "DMCA" and "fair use" as the search
criteria, I found the following:
Based upon our initial review of the Digital Millennium Copyright
Act ("DMCA"), we do not believe that the act affects the guide's
fair use analysis. -
Regents Guide to
Understanding Copyright and Educational Fair Use, University
System of Georgia
In the final version of the DMCA…(Congress) provides a mechanism
to assure the continued vitality of the fair use privilege enjoyed
by teachers, students, library patrons and all other information
users. These provisions represent a dramatic departure from
earlier drafts of the legislation.
Implementation Manual - Copyright Resources on the Internet -
December 1999 Revision, Groton Public Schools, Mystic CT
Copy Right, Copy
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