O. Lutkova

The Fair Use Doctrine in the Contemporary US Copyright Law

2016. No. 2. P. 186–199 [issue contents]
The subject of the research is the fair use doctrine in the US copyright law which is the basis for free use of works. Under the doctrine, third parties may freely use copyrighted works through fair use provided that it promotes “progress of science and useful arts” (Article 1 section 8 subsection 8 of the US Constitution).Special attention was given to the analysis of the content of the fair use doctrine beginning withits occurrence in the first cases related to US copyright law. The analysis was conducted on the basis ofcase law and some of the decisions of US courts in recent years. The following methods were used inthe research: legal analysis, legal simulation, legal forecast, comparative law methodology and historical analysis. The major research findings are as follows. The main features of the fair use doctrine inthe contemporary US copyright law have been identified, i.e. the doctrine is based on the four classicevaluation factors (enshrined in the US Copyright Act 1976); the judge may use any other assessmentfactors; alteration of the qualification of some classical assessment factors in comparison with earlierperiods of time; the occurrence of trends in the perception of fair use doctrine essence. The conclusionis made in respect of the unpredictability and spontaneity of the modern system of the US copyright law, based on the fair use doctrine. The conclusion is drawn in respect of insufficient conformity of thefair use doctrine with the requirements of the Berne Convention 1886 and to “three-step” test criteria.The main areas of controversy have been highlighted: the aim of legal regulation, the range of objects subject to regulation, permitted ways to use works.
Citation: Lutkova O. (2016) Doktrina dobrosovestnogo ispol'zovaniya proizvedeniy v sovremennom avtorskom prave SShA [The Fair Use Doctrine in the Contemporary US Copyright Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 186-199 (in Russian)
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