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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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Law Of The United States
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lumen (website)
Lumen, formerly Chilling Effects, is an American collaborative archive created by Wendy Seltzer and founded along with several law school clinics and the Electronic Frontier Foundation to protect lawful online activity from legal threats. Lumen is a "project" of the Berkman Klein Center. Its website, ''Chilling Effects Clearinghouse'', allows recipients of cease-and-desist notices to submit them to the site and receive information about their legal rights and responsibilities. Founded in 2001 in San Francisco, California, it later moved its operations to Massachusetts. Inception The archive was founded in 2001 by Internet activists who were concerned that the unregulated private practice of sending cease-and-desist letters seemed to be increasing and was having an unstudied, but potentially significant, "chilling effect" on free speech. The archive got a boost when Google began submitting its notices to the site in 2002. Google began to do so in response to the publicity gene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limitations And Exceptions To Copyright
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). Some view limitations and exceptions as "user rights"—seeing user rights as providing an essential balance to the rights of the copyright owners. There is no consensus among copyright experts as to whether user rights are rights or simply limitations on copyright. The concept of user rights has been recognised by courts, including the Canadian Supreme Court, which classed "fair dealing" as such a user right. These kinds of disagreements in philosophy are quite common in the philosophy of copyright, where debates about jurisprudential reasoning tend to act as proxies for more substantial disagr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use Project
The Fair Use Project is part of the Stanford Center for Internet and Society at Stanford Law School. Founded in 2006, it offers legal assistance to "clarify, and extend, the boundaries of "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 ..." in order to enhance creative freedom." It is headed by Tony Falzone, lecturer at Stanford Law. It has been involved in several notable cases such as ''Aguiar v. Webb'', ''Brave New Films v. Viacom'', ''Golan v. Gonzales'', ''Kahle v. Gonzales'', ''Lennon v. Premise Media'', '' Warner Brothers and JK Rowling v. RDR Books'', ''Shloss v. Joyce'', and ''Vargas v. BT''. References External linksFair Use Project Stanford University Intellectual property activism Copyright law organizations 2006 establishments in California Fair use Orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parody
A parody, also known as a spoof, a satire, a send-up, a take-off, a lampoon, a play on (something), or a caricature, is a creative work designed to imitate, comment on, and/or mock its subject by means of satiric or ironic imitation. Often its subject is an original work or some aspect of it (theme/content, author, style, etc), but a parody can also be about a real-life person (e.g. a politician), event, or movement (e.g. the French Revolution or 1960s counterculture). Literary scholar Professor Simon Dentith defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice". The literary theorist Linda Hutcheon said "parody ... is imitation, not always at the expense of the parodied text." Parody may be found in art or culture, including literature, music, theater, television and film, animation, and gaming. Some parody is practiced in theater. The writer and critic John Gross observes in his ''Oxford Boo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cease And Desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued. When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement", is most appropriately called a "cease and desist order". Usage for intellectual property Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape". The holder of an intellectual property right such as a copyrighted work, a trademark, or a pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test (law)
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Test *Communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Coalition Against Censorship
The National Coalition Against Censorship (NCAC), founded in 1974, is an alliance of 50 American non-profit organizations, including literary, artistic, religious, educational, professional, labor, and civil liberties groups. NCAC is a New York-based organization with official 501(c)(3) status in the United States. The coalition seeks to defend freedom of thought, inquiry, and expression from censorship and threats of censorship through education and outreach, and direct advocacy. NCAC assists individuals, community groups, and institutions with strategies and resources for resisting censorship and creating a climate hospitable to free expression. It also encourages the publicizing of cases of censorship and has a place to report instances of censorship on the organization's website. Their annual fundraiser is called the Free Speech Defender Awards. The main goal of the organization is to defend the first amendment, freedom of thought, inquiry, and expression. NCAC's website contains ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
