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ARTICLE · 16 MARCH 2020

Fantasies About A Formula For Fair Use

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Fair use analysis requires courts to engage in a time-consuming, case-by-case examination and nuanced balancing of multiple factors, with the ultimate goal of furthering copyright's purposes.

United StatesIntellectual Property
Brian Murphy
Brian Murphy
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Fair use analysis requires courts to engage in a time-consuming, case-by-case examination and nuanced balancing of multiple factors, with the ultimate goal of furthering copyright's purposes. This is done not only because it is what Congress (Section 107) and the Supreme Court (Campbell v. Acuff-Rose Music) have mandated, but also because no one has come up with a better method for weighing the interests of the plaintiff, the defendant and society (which is precisely what fair use is all about). But there isn't a copyright lawyer on the planet who, at one time or another, hasn't wished that there was another way to perform the analysis, one that was simpler, one that would provide greater certainty as to outcome. Wouldn't it be grand if someone could come up with a mathematical formula that would make the job easier ... if someone could invent a better mousetrap?

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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