Hesburgh Libraries – Day 3: Fair Use Week: Ever wonder how fair use applies to unpublished works? Read on…

Fair Use of Unpublished Works, by Sarah W. Searle and Kyle K. Courtney (2017)

“Famous” Fair Use Cases: Internet

Fair use. Displaying a cached website in search engine results is a fair use and not an infringement. A “cache” refers to the temporary storage of an archival copy—often a copy of an image of part or all of a website. With cached technology it is possible to search Web pages that the website owner has permanently removed from display. An attorney/author sued Google when the company’s cached search results provided end users with copies of copyrighted works. The court held that Google did not infringe. Important factors: Google was considered passive in the activity—users chose whether to view the cached link. In addition, Google had an implied license to cache Web pages since owners of websites have the ability to turn on or turn off the caching of their sites using tags and code. In this case, the attorney/author knew of this ability and failed to turn off caching, making his claim against Google appear to be manufactured. (Field v. Google Inc., 412 F.Supp.2d 1106 (D. Nev., 2006).)

 

Not a fair use. Several individuals without church permission posted entire publications of the Church of Scientology on the Internet. Important factors: Fair use is intended to permit the borrowing of portions of a work, not complete works. (Religious Technology Center v. Lerma, 40 U.S.P.Q.2d 1569 (E.D. Va., 1996).)

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Author: Leslie L Morgan

Leslie serves as the Africana Studies and Education Librarian within the Hesburgh Libraries.