1. Intellectual Property Boston College Law School January 30, 2008 Copyright – Fair Use 2

2. Fair Use 17 U.S.C. § 107. Fair Use –“Notwithstanding the provisions of section 106, the fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching …, scholarship, or research, is not an infringement of copyright….”

3. Fair Use 17 U.S.C. § 107. Fair Use –“In determining whether the use made of a work … is a fair use the factors to be considered shall include -- (1) the purpose and character of the use, including whether such use is of a commercial nature …; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the work.”

4. Sony v. Universal

5. Other Personal Uses Home taping to create personal library Taping CD for car stereo TiVo

6. American Geophysical

7. Campbell v. Acuff-Rose

8. Fair Use?

9. Dr. Seuss v. Penguin Books

10. Disney v. Air Pirates

11. Rogers v. Koons

12. Defenses Fair Use Independent Creation Consent or License (Express or Implied) Statute of Limitations Inequitable Conduct Copyright Misuse First Amendment

13. Administrative Next Assignment –Read II.G – Indirect Liability –Start II.H – Digital Read through “Online Service Providers; Problem”