Toward A Fair Use Standard
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Toward A Fair Use Standard
"Toward a Fair Use Standard", 103 '' Harv. L. Rev.'' 1105 (1990), is a law review article on the fair use doctrine in US copyright law, written by then-District Court Judge Pierre N. Leval. The article argued that the most critical element of the fair use analysis is the transformativeness of a work, the first of the statutory factors listed in the Copyright Act of 1976, . Leval's article is cited in the Supreme Court's 1994 decision in Campbell v. Acuff-Rose Music, Inc. ''Campbell v. Acuff-Rose Music, Inc.'', 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. This case established that the fact that money is made by a work do ..., which marked a shift in judicial treatment of fair use toward a transformativeness analysis and away from emphasizing the "commerciality" analysis of the fourth factor. Prior to Leval's article, the fourth factor had often been described as the most important ...
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Harv
Bernard Harvey (born August 17, 1985), known professionally as Harv, is an American record producer, musician and songwriter from Kansas City, Kansas and based in Los Angeles, who has produced acclaimed work for major recording artists such as Justin Bieber, Skrillex, Cherish (group), Cherish, Summer Walker, Normani, Post Malone, Gucci Mane, Eminem and Omah Lay. Early years Bernard Harvey was born and raised in Kansas City, Kansas. Harv was introduced to the musical arts at the age of nine, and began playing the bass by age twelve. He attended J.C. Harmon High School (graduating in 2003) where his love for music elevated joining the marching band, jazz band and playing different types of music all around the city. He has instruction in the piano, guitar, drums, trombone, and tuba, but is best known for his mastery of the bass. In 2003, Harv's talent on the bass was recognized with a scholarship at Alabama State University where he obtained a degree in Music Technology. He began ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the '' Harvard Law Review'', and it has 16 other secondary journals such as the ''Harvard Journal of Law & Technology'' and the '' Harvard Civil Rights ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Pierre N
Pierre is a masculine given name. It is a French form of the name Peter. Pierre originally meant "rock" or "stone" in French (derived from the Greek word πέτρος (''petros'') meaning "stone, rock", via Latin "petra"). It is a translation of Aramaic כיפא (''Kefa),'' the nickname Jesus gave to apostle Simon Bar-Jona, referred in English as Saint Peter. Pierre is also found as a surname. People with the given name * Abbé Pierre, Henri Marie Joseph Grouès (1912–2007), French Catholic priest who founded the Emmaus Movement * Monsieur Pierre, Pierre Jean Philippe Zurcher-Margolle (c. 1890–1963), French ballroom dancer and dance teacher * Pierre (footballer), Lucas Pierre Santos Oliveira (born 1982), Brazilian footballer * Pierre, Baron of Beauvau (c. 1380–1453) * Pierre, Duke of Penthièvre (1845–1919) * Pierre, marquis de Fayet (died 1737), French naval commander and Governor General of Saint-Domingue * Prince Pierre, Duke of Valentinois (1895–1964), father ...
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United States Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Aside ...
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Campbell V
Campbell may refer to: People Surname * Campbell (surname), includes a list of people with surname Campbell Given name * Campbell Brown (footballer), an Australian rules footballer * Campbell Brown (journalist) (born 1968), American television news reporter and anchor * Campbell Cowan Edgar (1870–1938), Scottish Egyptologist and Secretary-General of the Egyptian Museum at Cairo * Campbell Jackson (born 1981), Northern Irish darts player * Campbell Johnstone (born 1980), New Zealand rugby union player * Campbell "Stretch" Miller (1910–1972), American sportscaster * Campbell Money (born 1960), Scottish footballer * Campbell Newman (born 1963), Australian politician * Campbell Scott (born 1961), American actor, director, and voice artist Places In Australia: * Campbell, Australian Capital Territory, a suburb of Canberra, Australia In Canada: * Campbell, Nova Scotia, on Cape Breton Island Nova Scotia * Campbell Branch Little Black River, South of Quebec, Canada (and Maine) * ...
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Transformativeness
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use Test (law), test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable. Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability. In ...
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Lloyd Weinreb
Lloyd L. Weinreb (October 9, 1936 – December 15, 2021) was an American law professor. Emeritus at Harvard Law School (a chair once held by Joseph Story), he was first appointed to the HLS faculty in 1965 and became a full professor in 1968. Biography Weinreb received bachelor's degrees from Dartmouth College (1957) and Oxford University (1959; M.A., 1963) before taking his LL.B. from Harvard Law School in 1962. He has spent several semesters as a visiting professor at Fordham Law School. Prior to beginning his teaching career, Lloyd Weinreb served as a clerk for John Marshall Harlan II of the United States Supreme Court, and then as a criminal prosecutor in Washington, D.C. His research interests included criminal law, criminal procedure, intellectual property, and legal and political philosophy. Lloyd Weinreb has an extensive bibliography and authored several casebooks on criminal law, as well as many law review articles. Despite lacking the celebrity professor status of so ...
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Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only ''Harvard Law Review Forum'', a rolling journal of scholarly responses to the main journal's content. The law review is one of three honors societies at the law school, along with the Harvard Legal Aid Bureau and the Board of Student Advisors. Students who are selected for more than one of these three organizations may only join one. The Harvard Law Review Association, in conjunction with the ''Columbia Law Review'', the ''University of Pennsylvania Law Review'', and the '' Yale Law Journal'', publi ...
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1990 Essays
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ...
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1990 In Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as th ...
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