We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.
ARTICLE · 27 MAY 2004
Bad Faith: The Fifth Fair Use Factor?
McDermott Will & Emery
Addressing the issue of whether the propriety of the defendant’s conduct is relevant when analyzing the first prong of the fair use test, the U.S. Court of Appeals for the Second Circuit recently affirmed a lower court’s denial of a preliminary injunction even though the defendants had obtained the copyrighted materials in bad faith.
United StatesStrategy
