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Stephen's nemesis on that story was Lawrence Lessig, the co-founder of Creative Commons and then the head of the Fair Use Project at Stanford University.
But an appeals court reversed the judge's ruling in 1987, questioning whether Mr. Hamilton's use of Mr. Salinger's unpublished letters violated the spirit of the "fair use" standard.
He gave the example of the fair use defense, which protects some reproductions of copyrighted works for criticism, research and similar purposes.
"Parody as fair use is a developing area of the law," said Pamela Golinski, an entertainment lawyer in New York, "and as a result, whether a given parody merits the shield of the fair use doctrine is a complex question".
"For hundreds of years everybody has agreed that folks are free to write companion guides," said Anthony Falzone, executive director of the Fair Use Project at Stanford Law School and one of RDR's lawyers.
"There are lots of reasons that it becomes difficult or effectively impossible for a lawyer to continue to represent a client in this situation," Anthony Falzone, Mr. Fairey's lawyer and the executive director of the Fair Use Project at Stanford University, said in a telephone interview Saturday.
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In America, by contrast, a broad exception is made for the "fair use" of content.
The United States Copyright Act of 1976 allows "the fair use of a copyrighted work….
"Android is exactly the kind of thing that the fair use doctrine was intended to protect," Van Nest told the jury.
Ethics include the fair use of health care resources and the potential value of the study.
But the judge said she would take some time to reflect on whether the new book was sufficiently different from "The Catcher in the Rye" to fall under the protection of the fair-use provision of copyright law.
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CEO of Professional Science Editing for Scientists @ prosciediting.com