Monday 18 May 2015

Fair Use Index from the US Copyright Office

Register of Copyrights Maria A. Pallante recently announced the launch of the U.S. Copyright Office's Fair Use Index, which is designed to provide the public with searchable summaries of major fair use decisions. The Index was undertaken in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement prepared by the U.S. Intellectual Property Enforcement Coordinator within the Executive Office of the President. Although not a substitute for legal advice, the Index is searchable by court (all federal courts) and subject matter (16 Subject categories, including "Other") and provides a helpful starting point for those wishing to better understand how the federal courts have applied the fair use doctrine to particular categories of works or types of use, for example, music, internet/digitization, or parody. For each decision, the index provides a brief summary of the facts, the relevant question(s) presented, and the court’s determination as to whether the contested use was fair. Users can browse all of the cases, search for cases involving specific subject matter or categories of work, or review cases from specific courts. The Index ordinarily will reflect only the highest court decision issued in a case. It does not include the court opinions themselves, but it does include the full legal citation so you can look it up easily.

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