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Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright Fair Value Case with Fair Value Case public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied and "stifling the very creativity which [copyright] law is designed to foster. Congress passed the Copyright Act of The U. Supreme Court has issued several major decisions clarifying and reaffirming the fair use doctrine since the s, most recently in the decision Campbell v.
Acuff-Rose Music, Inc. The Statute of Annean act of the Parliament of Great Britaincreated copyright law to replace a system of private ordering enforced by the Stationers' Company.
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The Statute of Anne did not provide for legal unauthorized use of material protected by copyright. In Gyles v Wilcox[4] the Court of Chancery established the doctrine of "fair abridgement", which permitted unauthorized abridgement of copyrighted works under certain circumstances.
Over time, this doctrine evolved into the modern concepts of fair use and fair dealing. Fair use was a common-law doctrine in the U. The term "fair use" originated in the United Fair Value Case. A similar-sounding principle, fair dealingexists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law systems.
Civil law jurisdictions have other limitations and exceptions to copyright.]
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