Is Fair Use Fair? Analyzing the Defense of Fair Use in a Copyright Infringement Case / Amy Smith.

Format:

Book

Author/Creator:

Smith, Amy, author.

Series:

SAGE business cases.

SAGE business cases

Language:

English

Subjects (All):

Fair use (Copyright).

Physical Description:

1 online resource

Place of Publication:

London : Society for Case Research, 2025.

Summary:

According to 17 U.S.C. §102, copyright protection exists in "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated ... " "Fair use" is a defense to a claim of copyright infringement codified in 17 U.S.C. § 107. If the use qualifies as a fair use, then it would not be considered an infringement. Courts have struggled to create uniform interpretations of the codified law of fair use, and because of this, claims of fair use being unfair abound. Even though interpretations vary, it is important for students to understand and be able to analyze the fair use defense. This critical incident, based upon the case of Authors Guild v. Google, Inc. (804 F.3d 202 [2nd Cir. 2015]), provides an example of its use. A dispute arose when Google, Inc. digitally scanned more than 20 million books under agreements with several major libraries, but without the permissions of--or payments to--the copyright holders of those 20 million books. Google then established a publicly available search engine making "snippets" (a horizontal segment usually containing about an eighth of a page highlighting the searched term) from the digitized, copyrighted copies available without charge to users. A copyright infringement lawsuit was filed against Google. Google asserted fair use in its defense. In this descriptive critical incident, students are asked to draw on the facts and arguments asserted in the suit against Google to both critique the rationales for copyright law and analyze and assess the elements of copyright infringement and the fair use defense. Students will fully assess each factor of the fair use defense based upon the facts and arguments asserted in the cited case. This case is most appropriate for undergraduate or graduate classes in business law, the legal environment of business, intellectual property law, and copyright law.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9781071980491

1071980491

OCLC:

1483993778