But the bulk of the digital music on the Net is copyrighted by a major recording studio.
Boies argues that Napster technology is essentially like a VCR or photocopy machine -- a tool that may be used to pirate copyrighted material but is not inherently illegal.
Among other defenses, ReDigi tried to rely on the first-sale doctrine, which provides that once a copyrighted work is sold, that work can be distributed through resale.
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But the publishers cite another factor in fair-use analysis: the amount of the copyrighted work that is used in the creation of the new one.
One of the ironies of Kirtsaeng is that it involves shipping copyrighted works across an ocean in paper form, an approach more typical of the last century than the present one.
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The tool is capable of detecting the illegal distribution of all copyrighted material, including books, movies, and music, and is able of doing so in different languages, Microsoft said.
The Fair Use Doctrine, copied and pasted below from the US Copyright Office stipulates that it is legal and permissible to use copyrighted material under the fair use doctrine for purposes of parody.
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Cynics will tell you that this misquoting is part and parcel of politics, even though in this case the Brown campaign misused copyrighted material from my interview for their commercial, which is of course illegal.
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This axiomatic principle is easy to state but can be difficult to apply in the context of fictional characters because a properly copyrighted work does not mean every element of the work is protected.
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When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation.
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Vernor argued that the key factor is whether the software customer is entitled to retain possession of their copy of a copyrighted work indefinitely.
The safest course is always to get permission from the copyright owner before using copyrighted material.
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It is difficult for any web administrator to know which links to copyrighted material are done with permission.
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The key legal question is whether the courts will allow Google to continue to scan copyrighted material without permission.
Newzbin is a notorious pirate website which makes hundreds of thousands of copyrighted products available without permission and with no regard for the law.
That plaintiff, Righthaven LLC, is an entity that exists solely to sue outlets that infringe on copyrighted content on behalf of the rights-holders.
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We generally think of the shutdown of sites like Napster and Megaupload as being about stopping unauthorized copying, but the real point is to ensure that if someone finds a profitable business model using copyrighted content, they have a strong incentive to get a license to use the content.
Regarding Napster's claim that its users were not infringing copyright because sharing copyrighted musical compositions and sound recordings via the Napster service is protected by the "fair use" doctrine, the court held that the four fair use factors in the Copyright Act tip the balance in the record companies' favour.
The first is for setting "excessively high thresholds" for prosecuting IP pirates who counterfeit copyrighted materials like books, music and movies.
The first way is to allow companies let BrandMyMail users use logos, videos, or other otherwise copyrighted material in their emails.
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The decision is a major victory for American consumers because it allows them to shop worldwide for their copyrighted content.
The owner of a copyrighted object (a book, for example) controls that new product before it is first distributed (to a consumer, bookstore, library, Amazon etc.).
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Also, the system is being designed specifically for Project RAY devices and specific user identities to ensure digital rights management protection for copyrighted material.
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