17 USC 107 – The Fair Use Limitation The exclusive rights have limits. The 1 st Amendment demands this.
The enumerated fair uses Criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.
4 Factor Test The Nature of the original work The Purpose of the use The Amount of the original work The Effect on the Market for the original
Unlisted Factor Are you a good guy or a bad guy?
17 USC 108- The Library and Archive Exemptions Because of the vital role they play, libraries have a special set of exemptions
The Library and Archive Exemptions, Generally Libraries and archives are allowed to do the following otherwise infringing activities: 1. Make and distribute reproductions to patrons 2. Make reproductions for preservation or replacement 3. Enhanced rights where the work is not available at a reasonable price
Don't forget 107 108 works along 107. Double limitation!
Shameless Self Promotion Pushing Libraries and Archives to the Edge of the Law Bobby Glushko Available on SSRN
The Digital Millennium Copyright Act Complex Legislation Varying Relevance
Notice and Takedown Pretty much saved the Internet.
Only Applies to OSPs But the general principles apply to all actors on the Internet.