The beginning
domain name
about me
contact me
last revised Nov. 27, 2001

definitionspurpose scope acquisitionlifetime of protection legal standards

Legal Analysis

  • According to the Supreme Court, the U.S. Constitution requires originality, not just time, expense, and effort for a successful copyright claim
    • "sweat of the brow" effort is not sufficient for copyright
  • Fair use is the counterbalance to the copyright monopoly by allowing others to copy small amounts for criticism, comment, news reporting, teaching, etc
  • Courts look at four factors to determine if the copying was a fair use
    1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. The nature of the copyrighted work;
    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
    4. The effect of the use on the potential market for or value of the copyrighted work
Feist Publications, Inc. v. Tel. Serv. Co., 499 U.S. 340 (1991)
Campbell v. Acuff-Rose Music Inc., 510 U.S. 569 (1994)

Web resources

"The Half of Knowledge is to know Where to Find Knowledge"