Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
- 22 Security Measures and the Future of Fair Use
22 - Security Measures and the Future of Fair Use
from Part V - Copyright Exceptions and Technology
Published online by Cambridge University Press: 15 January 2021
By
Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- Part III Models of Copyright Exceptions
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
- 22 Security Measures and the Future of Fair Use
Summary
When the plaintiff has made a case of copyright infringement under US law, the defendant can still avoid liability by showing fair use. The defense comprises four factors, arguably the most important of which is the fourth, namely “the effect of the use upon the potential market for or value of the copyrighted work.” The word “potential” connotes a focus on the future, a need for courts to evaluate how events could unfold in days to come and what effect will thereby arise in that future world.
- Type
- Chapter
- Information
- The Cambridge Handbook of Copyright Limitations and Exceptions , pp. 405 - 420Publisher: Cambridge University PressPrint publication year: 2021