Chapter 7: Another Limitation on Copyright: Fair Use
Even though copyright owners are granted comprehensive rights, there are limitations. These limits generally fall into three categories: first, simple bright-line rules like the first sale doctrine; second, complex and technical limitations that are narrow in scope, and third, the fair use doctrine. This chapter focuses on the last issue and looks at the cases that have shaped the doctrine. Of utmost importance is the development of the ability to critically evaluate both the statutory and non-statutory criteria courts employ in fair use cases.
This chapter contains the following decisions, listed in the order they are presented in the text. Click on any case name to see background information as well as the full court opinion.
- Fair Use in Comparative Perspective
- The Different Faces of Fair Use
- Harper & Row, Publishers v. Nation Enterprises
- Campbell v. Acuff-Rose Music, Inc.
- Castle Rock Entertainment v. Carol Publishing Group, Inc.
- Nuñez v. Caribbean International News Corp. (El Vocero de Puerto Rico)
- Bill Graham Archives v. Dorling Kindersley Ltd.
- Sega Enterprises Ltd. v. Accolade, Inc.
- Sony Computer Entertainment, Inc. v. Connectix Corp.
- Perfect 10, Inc. v. Amazon, Inc.
- Sony Corporation of America v. Universal City Studios, Inc.
- A&M Records, Inc. v. Napster, Inc.
- American Geophysical Union v. Texaco, Inc.
Cases contained in second edition that are no longer in the third edition.
New Era Publications Int'l v. Carol Publishing Group, Inc.
Princeton University Press v. Michigan Document Services, Inc.