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Dimension Films (2004), where the court ruled that even a brief, unlicensed sample of copyrighted music could lead to copyright infringement. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fairuse. A pertinent example is the case of Bridgeport Music, Inc.
In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.
Peter and the Starcatchers (2004 novel, the first in a series). Their reuse of the underlying materials may (in theory) be excused under the doctrine of fairuse, including parody , or what is increasingly referred to as ‘ transformative use’ – a concept itself derived from the four fairuse factors called out in Title 17 (Section 107).
The judge rejected BMG’s fairuse defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. New Line successfully moved for a preliminary injunction to block the video’s release. Dawn of the Dead. The Ghostly Trio.
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