Although the stated use is to prevent piracy, many, including the Electronic Frontier Foundation, believe it is used to restrict one's fair-use rights.
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Anticipating a lawsuit by the major Hollywood motion picture studios, in April 2002, 321 Studios filed a pre-emptive complaint against eight Hollywood studios contending that the Digital Millennium Copyright Act (DMCA), a law that prohibits the circumvention of copy protection technology, violates consumer rights as provided in the Fair Use doctrine of the Copyright Act of 1976.
The label was originally called Luke Skyywalker Records, however because it was not found to be of fair use, Campbell shortened his pseudonym to Luke (a result of George Lucas' successful lawsuit for Campbell appropriating the Skywalker name).
154 F.3d 1107 (9th Cir. 1998) is a California court case in which United States Court of Appeals for the Ninth Circuit overruled the district court's decision in favor of the plaintiff, FormGen Inc. against the defendant, Micro Star on the issue of the fair use of the user-created levels for the video game Duke Nukem 3D, which is owned by FormGen Inc..
The principle of fair use (in the United States) or fair dealing (in other Berne Convention countries) allows this type of copying for research purposes.
Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006): Sack, writing for the panel, affirmed the district court's decision that artist Jeff Koons was protected by the doctrine of fair use, and therefore not liable for copyright infringement, when he incorporated a photographer's copyrighted photo of a woman's feet and lower legs into a larger collage painting, even though Koons had benefited commercially from the work.
In November 2007 the trial judge Edward Rafeedie granted Ampersand summary judgment on its copyright infringement claim, holding that the posting of the draft article was not fair use.
Sony Computer Entertainment v. Connectix Corporation, 203 F.3d 596 (2000), is a decision by the Ninth Circuit Court of Appeals which ruled that the copying of a copyrighted BIOS software during the development of an emulator software does not constitute copyright infringement, but is covered by fair use.
She has worked at the Exploratorium, the Brennan Center Free Expression Policy Project at NYU, and the Samuelson Law, Technology and Public Policy Clinic at UC Berkeley, is a contributor to Chilling Effects, and created the Fair Use Network.
, 508 F.3d 1146 (9th Cir. 2007) was a case in the United States Court of Appeals for the Ninth Circuit involving Perfect 10, Inc., Amazon.com, Inc. and Google, Inc. The court held that Google's framing and hyperlinking as part of an image search engine constituted a fair use of Perfect 10's images because the use was highly transformative, overturning most of the district court's decision.
The defendants, including Columbia Pictures Industries, Inc., RCA Corporation, and several major newspapers, denied Steinberg's allegations of copyright infringement and asserted the affirmative defenses of (1) fair use as a parody, (2) estoppel, and (3) laches.
He co-edits the interdisciplinary electronic journal Vectors Journal of Culture and Technology in a Dynamic Vernacular and is the founder of Critical Commons, an online media archive and fair use advocacy network.
In permitting parody without permission, the decision follows the previous United States Supreme Court decision in Campbell v. Acuff-Rose Music, Inc. which ruled that 2 Live Crew's unlicensed use of the bass line from Roy Orbison's song "Oh, Pretty Woman" could constitute fair use even though the work was a commercial use, and extends that principle from songs to novels.