Broad inquiry marks fair-use decisions

Article Abstract:

Various federal courts handed down decisions dealing with the fair use in copyright law between Oct 1991 and Dec 1992. This doctrine comes from Section 107 of the Copyright Act of 1976. The decisions turned on such factors as the good or bad faith of the defendant, how much was copied and, mainly, how the defendant's use affected the market for the copyrighted work. The decisions discussed are Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., Los Angeles News Service v. Tullo and Sega Enterprises Ltd. v. Accolade, Inc.

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State, First Amendment clashed in 'Son of Sam.' (Supreme Court reversal of New York's 'Son of Sam' law)

Article Abstract:

The Supreme Court's unanimous decision in Simon & Schuster Inc. v. Members of the New York Crime Victims Board effectively repeals New York state's 'Son of Sam' law. The Court held that the law, which stipulates that profits from a criminal's biography must go to an escrow fund for those victimized, is unconstitutional because it puts a financial burden on speech. New York state authorities may want to consider redrawing the law. However, limiting specific subject matter may inevitably cause First Amendment problems.

Laws, regulations and rules, Freedom of speech, Restitution, Son of Sam laws

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Market impact key to fair-use analysis

Article Abstract:

The US Congress enacted an amendment to the Copyright Act's Section 107 in 1992, reaffirming the importance of considering the totality of the evidence in order to determine fair use and stating that unpublished works have their place under the fair use umbrella if all the evidence points in that direction. The 2d Circuit's 1991 decision in Wright v Warner Books, Inc pointed in the direction of that amendment, holding that a biographer excerpting unpublished letters was engaging in fair use.

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