There is no reason why Falwell needed to copy the entire parody to rebut the personal attack or to comment on what the "pornographers" were publishing. As conceded by the majority, the defendants could copy only so much of the work as was necessary to permit understandable comment.
#Hustler magazine covers 1983 license
American Broadcasting Companies, Inc., 621 F.2d 57, 61 (2d Cir.1980) ("The fair use doctrine is not a license for corporate theft, empowering a court to ignore a copyright whenever it determines the underlying work contains material of possible public importance.").Īssuming that the defendants were also motivated by such purposes, their actions in publishing the entire parody went beyond the limited boundaries of the fair use defense. "The crux of the profit/nonprofit distinction is not whether the sole motive of the use is monetary gain but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price." Harper & Row Publishers, Inc. If the work is used for a commercial or profit-making purpose, the use is presumptively unfair. The first factor listed in section 107 requires us to consider the character of the use and to weigh the commercial or nonprofit purpose of the use. Congress incorporated this common law doctrine into section 107 of the Copyright Act of 1976, 17 U.S.C. See Pacific and Southern Co., 744 F.2d at 1495. The doctrine is a means of balancing the need to provide individuals with sufficient incentives to create public works with the public's interest in the dissemination of information. Accordingly, Defendants seek to avoid liability by establishing the defense of "fair use." The fair use doctrine confers a privilege on people other than the copyright owner "to use the copyrighted material in a reasonable manner without his consent, notwithstanding the monopoly granted to the owner." Marcus v. Hustler's exclusive rights, however, are subject to statutory exceptions, including the exception for "fair use." See 17 U.S.C.
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