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Fair Use and Bad Faith Are Not Mutually Exclusive According to the Second Circuit

September 2, 2004

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The “fair use doctrine,” articulated in 17 U.S.C. § 107, embodies the idea that persons should be free to use portions of copyrighted works for the purposes of comment, criticism, news reporting, teaching, scholarship, research and other “transformative” uses. In other words, although a person engages in conduct that involves verbatim copying of a copyrighted work, the person is exempt or immune from a charge of copyright infringement because of the socially important nature of the use.

Resources

IP Advisory August-2004.pdf

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