ST Alpha - "9th Circuit holds that copyright holders must consider fair use before filing copyright infringement claims." (Reading a Post)

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9th Circuit holds that copyright holders must consider fair use before filing copyright infringement claims.

Posted by Mop (aka rburriel) Sep 14 '15, 11:08

I'm familiar with this case and I'm a little conflicted. I believe the use falls under fair use. But for a copyright holder to have to evaluate it themselves seems onerous. The discussion - in my opinion - should be along the lines "Hey, take that done." "Well, I think it's fair use." "Let's see. You're right. OK."

Mop

http://policynotes.arl.org/?p=1162 (policynotes.arl.org)

Responses:

BWAHAHAHAHAHAHAHAHAHA! There is no fair use. -- nm - Copyright Holders Sep 14, 11:24
you wouldn't use if you didn't think it was unfair. - zeitgeist Sep 14, 11:14 2
- The problem is that "fair use" is legally grey. You cannot codify it on paper with a great deal of legal input. - Mop Sep 14, 11:23 1
  - But there is a multi factor test and it wouldn't be that onerous for a filing party to certify that they've analyzed their claims under each of the - jangles Sep 14, 11:31

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9th Circuit holds that copyright holders must consider fair use before filing copyright infringement claims.

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