The Philosophy behind Fair Use: Another Step towards Utilitarianism

Tamburrini, Giovanni; Butakov, Sergey
July 2014
Journal of International Commercial Law & Technology;Jul2014, Vol. 9 Issue 3, p190
Academic Journal
iParadigms, a company involved in plagiarism detection, was hold not liable for the unauthorized use and archival of students' papers. Both the District and Appellate Courts of Virginia, in fact, maintained that the exception of fair use applied to the copyright infringement action. As the relevant facts represent a novelty in case law, it might plausible the hypothesis that iParadigms precedent is not going to be followed in forthcoming cases. This investigation is an attempt to appreciate the possibilities that such an event could happen. In particular, the attention is focused on the special nature of the Copyright Act which is simultaneously backed by opposite theoretical backgrounds such as utilitarianism and moral desert as well as personhood theories, among others. The prevailing of one theory over another shall depend on how liberally or strictly the fair use doctrine shall be interpreted. Despite findings demonstrate judges have applied the fair use doctrine according to the correct conceptions of justice, the discussion ends up recommending a new system of plagiarism detection that drastically reduces the likelihood of copyright infringement actions.


Related Articles


    Proposes a system of protection which serves the fundamental purposes of copyright protection while safeguarding and encouraging innocent action to ensure the widest possible dissemination of ideas and creative works in the United States. Rules in conflict with the underlying premises of...

  • Appeals court reversal; rules against copy shop after all.  // Photo District News;Feb97, Vol. 17 Issue 2, p15 

    Reports on the US Court of Appeal for the Sixth Circuit's decision to uphold a lower court ruling in favor of publishers Princeton University Press, Saint Martin's Press and Macmillan claiming copyright infringement against Michigan Document Services. Rejection of arguments that copies in...

  • Fair use spotlights conflicting rights. Remondini, David J. // Editor & Publisher;12/12/98, Vol. 131 Issue 50, pS8 

    Reports on the lawsuits filed by newspaper companies against the Web site operator Free Republic, demanding that it stop violating copyrights by expropriating their articles. Concept of fair use in copyright law; Four factors that make up the doctrine; Right enshrined in the First Amendment of...

  • Is That There Is? Reflections on the Nature of the Second Fair Use Factor. Kasunic, Robert // Columbia Journal of Law & the Arts;Summer2008, Vol. 31 Issue 4, p529 

    The author reflects on the nature of second fair use factor in the U.S. He stresses that traditionally, second fair use factor has little contribution to fair use analysis. He depicts that the said situation is not surprising, since the roots of doctrine appear devoid of independent...

  • Billowing White Goo. Litman, Jessica // Columbia Journal of Law & the Arts;Summer2008, Vol. 31 Issue 4, p587 

    The author reflects on the fair use doctrine in the U.S. She stresses that the size of the fair use footprint has stayed constant and it only expanded in its size of rights granted by the copyright law. She notes that the greater reach of copyright has made a bunch of uses potentially fair that...

  • Fair Use v. Fair Access. Picker, Randal C. // Columbia Journal of Law & the Arts;Summer2008, Vol. 31 Issue 4, p603 

    The author examines the relationship between fair use and fair access in the U.S. He depicts that Copyright Act defines use rights and not access rights. He notes that nothing in copyright law itself suggests that use rights should trump access rights making a fair use right not an access right....

  • Tolerated Use. Wu, Tim // Columbia Journal of Law & the Arts;Summer2008, Vol. 31 Issue 4, p617 

    The author examines the term tolerated use in copyrighted works in the U.S. He stresses that copyrighted works are widely used consisting millions of usages that do not fall into a clear category but are often infringing. He notes that such causal and often harmless uses of works fall into the...

  • Voice of Reason. Russell, Carrie // School Library Journal;Aug2006, Vol. 52 Issue 8, p27 

    This article presents questions and answers related to copyright. A librarian asks if it is legal to make her own recordings of certain books. The author cites Section 107 of the copyright law--fair use--which suggests that since the purpose of the recordings is educational and not-for-profit it...

  • Television Test. Russell, Carrie // School Library Journal;Apr2002, Vol. 48 Issue 4, p43 

    Discusses whether it is fair to use commercial recordings in student-made videos on a closed-circuit cable television network within the school. Question of whether the practice violates fair-use guidelines; Topic of copyright protection; Belief that the use of the videos qualifies as fair use.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics