Fair Use

A doctrine of copyright law that limits the exclusive rights of copyright holders by permitting some uses of their copyrighted materials without their consent. Courts apply the fair use doctrine on a case-by-case basis, weighing four factors: 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"; and 4) "the effect of the use upon the potential market for, or value of, the copyrighted work."

Judge rules news clipping service infringed Associated Press' copyright

Lilly Chapa | Content Regulation | News | March 22, 2013
News
March 22, 2013

Online news aggregation websites that compile and resell news stories without the publisher's permission are committing copyright infringement and are not protected under the fair use doctrine, a New York judge ruled.

Federal appeals court rules against magazine that published copyrighted secret celebrity wedding photos

Amanda Simmons | Content Regulation | News | August 17, 2012
News
August 17, 2012

A federal appellate court ruled that a Spanish-language gossip magazine violated the copyrights of a celebrity couple by publishing private photographs of their secret wedding in a case that according to the court “reads like a telenovela."

Federal court finds Bloomberg's publication of copyrighted conference call recording to be fair use

Raymond Baldino | Content Regulation | News | May 22, 2012
News
May 22, 2012

A federal court last week rejected a copyright infringement lawsuit against Bloomberg L.P. for its unauthorized publication of a conference call between a corporation's senior executives and a group of securities analysts, finding that the business and financial news publisher was protected from liability by the fair use doctrine.

Attorneys sue legal databases for copyright infringement

Haley Behre | Content Regulation | Feature | February 24, 2012
Feature
February 24, 2012

Two lawyers have filed a federal lawsuit against Westlaw and LexisNexis, alleging that the popular online databases have violated federal copyright laws by posting materials written by attorneys on their databases without that attorney or law firm’s permission.