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Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris
Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris
Pace Intellectual Property, Sports & Entertainment Law Forum
Starting in late 2012, and continuing into late 2013, the United States District Court for the Southern District of New York wreaked havoc on the traditional interpretation of the copyright infringement defense known as “fair use.” Two cases stemming from the advent of the Google Books Project are Author’s Guild, Inc. v. HathiTrust and Author’s Guild, Inc. v. Google, Inc. These cases adopted a controversial interpretation of the fair use defense, codified in 17 U.S.C. § 107, when each case determined that the mass digitization of thousands of books constituted fair use merely because the digitization was what is known …
Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman
Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman
Pace Law Review
The focus of this article will be on what I call DMCA 2.0. It will begin by discussing the Digital Millennium Copyright Act (DMCA) and why that statute, passed in 1998 to shore up the enforceability of copyright online by protecting content providers’ ability to engage in forms of technological self-help against online copyright infringers, has been problematic. Part II describes largely unsuccessful efforts in the form of statutes and trade agreements to shore up the DMCA. Part III turns to the latest salvo, the adoption of “voluntary agreements” whereby content owners and ISPs, in particular social media platforms, join …