(203) 809-9490 - Send a Message - Schedule an Inquiry Phone Call - on the Homepage

Signed in as:

filler@godaddy.com

Account

Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Examples of Type of Use U.S. Copyright Office Fair Use Index

U.S. Copyright Office Fair Use Index: categorizes the cases by the type of use of the creative work

The U.S. Copyright Office Fair Use Index organizes cases related to fair use into different types of use of the creative works.

When comparing one type of possible fair use to previous cases, it is important to compare to a similar type of use of the creative work.

The U.S. Copyright Office Fair Use Index is a good resource for attorneys and non-attorneys and one of the useful features of the index is the organization of the cases by the type of use of the creative works.

U.S. Copyright Office Fair Use Index: the categories of the type of use for the creatives works

The types of use of the creative works are categorized by the U.S. Copyright Office Fair Use Index as:

Education/Scholarship/Research
Format shifting/Space shifting
Parody/Satire
Review/Commentary
Internet/Digitization
News reporting
Used in government proceeding

U.S. Copyright Office Fair Use Index: examples of case summaries by the type of use

An example of a case summary which the U.S. Copyright Office Fair Use Index provides for each type of use:

Education/Scholarship/Research

Case summary example: De Fontbrune v. Wofsy 39 F.4th 1214 (9th Cir. 2022) – does reproducing photographs of paintings in a reference book cataloguing paintings constitute fair use

Format shifting/Space shifting

Case summary example: Disney Enterprises, Inc. v. VidAngel, Inc. No. 2:16-CV-04109 (9th Cir. Aug. 24, 2017) – does removing objectionable content from a movie constitute fair use

Parody/Satire

Case summary example: Sketchworks Indus. Strength Comedy, Inc. v. Jacobs No. 19-CV-7470-LTS-VF, 2022 U.S. Dist. LEXIS 86331 (S.D.N.Y. May 12, 2022) – does using elements of music, plot, and characters from a film, and using those elements in a theatrical production parodying the film, constitute fair use

Review/Commentary

Case summary example: O’Neil v. Ratajkowski No. 19 CIV. 9769 (AT), 2021 WL 4443259 (S.D.N.Y. Sept. 28, 2021) – does using an unlicensed photograph on a social media feed for the purpose of commenting on the intrusiveness of the original photograph constitute fair use

Internet/Digitization

Case summary example: McGucken v. Newsweek LLC 19 Civ. 9617 (KPF), 2022 U.S. Dist. LEXIS 50231 (S.D.N.Y. Mar. 21, 2022) – does embedding a photograph in an online news article, where the photograph was taken without permission from another’s social media, where the photograph shows what the news article was about, constitute fair use

News reporting

Case summary example: Yang v. Mic Network Inc. Nos. 20-4097-cv(L), 20-4201-cv (XAP), 2022 U.S. App. LEXIS 8195 (2d Cir. Mar. 29, 2022) – does a screenshot of a news article by another news website, where a part of a photograph from the original news article is shown, constitute fair use

Used in government proceeding

Case summary example: Am. Soc'y for Testing & Materials v. Public.Resource.Org, Inc. No. 13-cv-1215 (TSC), 2022 U.S. Dist. LEXIS 60922 (D.D.C. Mar. 31, 2022) – does reproducing privately developed standards which are incorporated into public laws constitute fair use

Attorney Advertising. This website is for informational purposes only and is not legal advice. Using this site or communicating with the Law Office of John B. Hudak, PLLC through this site does not form an attorney-client relationship. An attorney-client relationship shall be formed only after an Attorney Engagement Letter is sent by the law office to the Client. Please do not share any unsolicited confidential information with our law firm by email or phone. This site is legal advertising. Copyright © 2024