Theflyonthewall.com cited the "fair use" doctrine, allowing it to provide summaries of other entities' news.
Google had argued that under the "fair use" doctrine of copyright law, it did not need such permission.
The publisher of "Goodnight Bush" is counting on the fair use doctrine, which allows limited amounts of copyrighted material to be used without permission.
Under the "fair use" doctrine, quotation is permitted for criticism and comment, so you'd think this is where a poetry critic could hang his hat.
Julie E. Cohen, a professor of law at Georgetown University Law Center who specializes in copyright law, said the fair use doctrine of copyright law establishes a broad standard for how consumers can use copyrighted content, including for purposes of criticism and commentary.
The "fair use" doctrine of copyright law gives consumers the right to make copies of CD's they own for their personal use, and plenty of music fans make tapes or create a duplicate CD for friends without punishment.
"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".
Ms. Randall's efforts at parody (one of the areas protected under the "fair use" doctrine in copyright law) are decidedly unfunny, and her attempts at social commentary (another area protected under copyright law) are often ungainly.
In the US, the "fair use" doctrine grants exemptions from copyright law in certain circumstances, for example if the new work is considered "transformative" rather than merely "derivative", and doesn't affect the value of the original work.
Lessig proceeded to outline a high-minded and complex rebuttal, citing the history of copyright law and the importance of "fair use" doctrine, which allows some liberties to be taken with copyright.
Hilary B. Rosen, president of the Recording Industry Association of America, says that the Copyright Act is a "strict liability" law that prohibits all copying, except in cases that fall under the fair use doctrine.
