# Fair use/Case law

The US Congress in the legislation of 1976 attempted to define fair use in § 107:
"Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
       (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."
"Section 101 makes it clear that the four factors listed in this section are "illustrative and not limitative."" Sony Corp. of America v. Universal City Studios, Inc., 464 US 417 - Supreme Court 1984

## Wikimedia Foundation

"The vision statement of the Wikimedia Foundation describes our dreams, hopes and ambitions; our most radical conception of our organization and community — 20, 50, 100 years from today. It stands in contrast to the mission statement, which aims to be a more realistic description of the status quo."
"The mission of the Wikimedia Foundation is to empower and engage people around the world to collect and develop [neutral] educational content under a free [content] license or in the public domain, and to disseminate it effectively and globally."
"In collaboration with a network of chapters, the [Wikimedia] Foundation provides the essential infrastructure and an organizational framework for the support and development of multilingual wiki projects and other endeavors which serve this mission. The Foundation will make and keep useful information from its projects available on the Internet free of charge, in perpetuity."
"The Wikimedia Research Index is the main research hub for wiki researchers and the Wikimedia community. It's run by the Wikimedia Research Committee and collaboratively maintained by its participants."
"Directive 2001/29/EC enables Member States to implement in their national legislation limitations and exceptions for the purpose of illustration for non-commercial teaching. Such exceptions would typically allow a teacher to use parts of or full works to illustrate his course, e.g. by distributing copies of fragments of a book or of newspaper articles in the classroom or by showing protected content on a smart board without having to obtain authorisation from the right holders. The open formulation of this (optional) provision allows for rather different implementation at Member States level. The implementation of the exception differs from Member State to Member State, with several Member States providing instead a framework for the licensing of content for certain educational uses. Some argue that the law should provide for better possibilities for distance learning and study at home."

## Unauthorized uses of a copyrighted works

"Even unauthorized uses of a copyrighted work are not necessarily infringing. An unlicensed use of the copyright is not an infringement unless it conflicts with one of the specific exclusive rights conferred by the copyright statute. Twentieth Century Music Corp. v. Aiken, 422 U. S., at 154-155. Moreover, the definition of exclusive rights in § 106 of the present Act is prefaced by the words "subject to sections 107 through 118." Those sections describe a variety of uses of copyrighted material that "are not infringements of copyright" "notwithstanding the provisions of section 106." The most pertinent in this case is § 107, the legislative endorsement of the doctrine of "fair use."[29]" Sony Corp. of America v. Universal City Studios, Inc., 464 US 417 - Supreme Court 1984
"We do not deal with the question of copying by an individual, for personal use in research or otherwise (not for resale), recognizing that under the fair use doctrine or the de minimis doctrine, such a practice by an individual might well not constitute an infringement." American Geophysical Union v. Texaco Inc., 60 F. 3d 913 - Court of Appeals, 2nd Circuit 1994
"In other words, our opinion does not decide the case that would arise if Chickering were a professor or an independent scientist engaged in copying and creating files for independent research, as opposed to being employed by an institution in the pursuit of his research on the institution's behalf." American Geophysical Union v. Texaco Inc., 60 F. 3d 913 - Court of Appeals, 2nd Circuit 1994
"Fair use is a doctrine the application of which always depends on consideration of the precise facts at hand, see Campbell v. Acuff-Rose Music, Inc., ___ U.S. ___, ___, 114 S.Ct. 1164, 1170, 127 L.Ed.2d 500 (1994); Harper & Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 549, 105 S.Ct. 2218, 2225, 85 L.Ed.2d 588 (1985); Wright v. Warner Books, Inc., 953 F.2d 731, 740 (2d Cir.1991); H.R.Rep. No. 1476, 94th Cong., 2d Sess. 65-66 (1976) ("no generally applicable definition [of fair use] is possible, and each case raising the question must be decided on its own facts")". American Geophysical Union v. Texaco Inc., 60 F. 3d 913 - Court of Appeals, 2nd Circuit 1994
"Fair use serves as an affirmative defense to a claim of copyright infringement, and thus the party claiming that its secondary use of the original copyrighted work constitutes a fair use typically carries the burden of proof as to all issues in the dispute. See Campbell, ___ U.S. at ___, 114 S.Ct. at 1177." American Geophysical Union v. Texaco Inc., 60 F. 3d 913 - Court of Appeals, 2nd Circuit 1994
"For example, if Chickering had asked the library to buy him a copy of the pertinent issue of Catalysis and had placed it on his shelf, and one day while reading it had noticed a chart, formula, or other material that he wanted to take right into the lab, it might be a fair use for him to make a photocopy, and use that copy in the lab (especially if he did not retain it and build up a mini-library of photocopied articles). This is the sort of "spontaneous" copying that is part of the test for permissible nonprofit classroom copying. See Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions, quoted in Patry, The Fair Use Privilege, at 308.[5]" American Geophysical Union v. Texaco Inc., 60 F. 3d 913 - Court of Appeals, 2nd Circuit 1994