In this Court, the sole question presented is whether the first fair use factor, “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,” §107(1), weighs in favor of AWF’s recent commercial licensing to Condé Nast. Although the consideration in Andy Warhol Foundation v. Lynn Goldsmith is narrowly ...
The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile defendants have sought to broaden ...
On March 24, the court in Hachette et al. v. Internet Archive wholly rejected IA’s fair use defense constructed on the theory called Controlled Digital Lending (CDL). Prior to and since that ruling, various parties have tried to characterize this case as an attack by the publishers against the core function of libraries, alleging that libraries either already depend, or ...
With the court’s unequivocal decision in Hachette et al. v. Internet Archive, and the continued failure of ebook legislation in various states, it is time for policymakers and librarians to understand the reason why this two-pronged campaign against copyright rights in ebooks is losing—because the academics, organizations, and lobbyists behind the effort are lying. Yes, that’s a big accusation to ...
In a recent article for The Scholarly Kitchen, Todd A. Carpenter, Executive Director of the National Information Standards Organization (NISO), defends Internet Archive (in Hachette et al. v. Internet Archive) and the practice called Controlled Digital Lending (CDL). Proving that one need not be Lindsey Graham to engage in propaganda disguised as legal opinion, Carpenter predictably elides any mention of ...
