Here are Educational, Scholarship and Research copyright fair use cases from the United States Copyright Office "Fair Use Index." If you are an educator in elementary, high school, college or vocational trade school, and need fair use legal counsel, call us at (877) 276-5084.
Cases dealing with fair use in the educational setting. The index shows where fair use was found, and not found.
|
2022 |
9th Cir. |
Ninth Circuit |
Education/Scholarship/Research; Photograph |
Fair use not found |
|
|
Marano v. Metro. Museum of Art, 844 F. App'x 436 (2d Cir. 2021) |
2021 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Internet/Digitization; Photograph |
Fair use found |
|
MidlevelU, Inc. v. ACI Info. Grp., 989 F.3d 1205 (11th Cir. 2021) |
2021 |
11th Cir. |
Eleventh Circuit |
Education/Scholarship/Research; Internet/Digitization |
Fair use not found |
|
Apple Inc. v. Corellium, LLC, Case No. 9:19-cv-81160-RS (S.D. Fla. Dec. 29, 2020) |
2020 |
S.D. Fla. |
Eleventh Circuit |
Computer Program; Education/Scholarship/Research; Internet/Digitization |
Fair use not found |
|
Int'l Code Council, Inc. v. UpCodes, Inc., 17 Civ. 6261 (VM) (S.D.N.Y. May 27, 2020) |
2020 |
S.D.N.Y. |
Second Circuit |
Education/Scholarship/Research; Textual Work; Used in government proceeding |
Mixed Result |
|
2020 |
9th Cir. |
Ninth Circuit |
Education/Scholarship/Research; Music |
Fair use found |
|
|
Cambridge Univ. Press v. Becker, No. No. 1:08-cv-1425-ODE (N.D. Ga. Mar. 2, 2020) |
2020 |
N.D. Ga. |
Eleventh Circuit |
Education/Scholarship/Research; Internet/Digitization; Textual work |
Mixed Result |
|
Penguin Random House v. Colting, No. 17-cv-386 (S.D.N.Y. Sept. 8, 2017) |
2017 |
S.D.N.Y. |
Second Circuit |
Textual Work; Education/Scholarship/Research |
Fair use not found |
|
Reiner v. Nishimori, No. 3:15-cv-00241 (M.D. Tenn. Apr. 28, 2017) |
2017 |
M.D. Tenn. |
Sixth Circuit |
Photograph; Education/Scholarship/Research |
Fair use found |
|
Code Revision Comm. v. Public.Resource.Org, Inc., No. 1:15-cv-02594-RWS (N.D. Ga. Mar. 23, 2017) |
2017 |
N.D. Ga. |
Eleventh Circuit |
Education/Scholarship/Research; Textual Work; Used in government proceeding |
Fair use not found |
|
Cambridge University Press v. Becker, 1:08-cv-01425-ODE (N.D. Ga. March 31, 2016) |
2016 |
N.D.Ga. |
Eleventh Circuit |
Education/Scholarship/Research; Internet/Digitization; Textual work |
Preliminary ruling, mixed result, or remand |
|
Katz v. Google Inc., No. 14-14525 (11th Cir. Sept. 17, 2015) |
2015 |
11th Cir. |
Eleventh Circuit |
Eleventh Circuit; Education/Scholarship/Research; Photograph; Review/Commentary |
Fair use found |
|
Authors Guild, Inc. v. Google Inc., No. 13-04829 (2d Cir. Oct. 16, 2015) |
2015 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Format shifting/Space shifting; Internet/Digitization; Textual work |
Fair use found |
|
Cambridge Univ. Press v. Patton, 769 F.3d 1232 (11th Cir. 2014) |
2014 |
11th Cir. |
Eleventh Circuit |
Education/Scholarship/Research; Internet/Digitization; Textual work |
Preliminary ruling, mixed result, or remand |
|
White v. West Pub. Corp., No. 12-cv-1340-JSR (S.D.N.Y. Jul. 3, 2014) |
2014 |
S.D.N.Y. |
Second Circuit |
Second Circuit; Textual work; Used in government proceeding; Education/Scholarship/Research |
Fair use found |
|
2013 |
10th Cir. |
Tenth Circuit |
Education/Scholarship/Research; Textual work; Unpublished |
Fair use not found |
|
|
2013 |
D. Minn. |
Eighth Circuit |
Education/Scholarship/Research; Textual work |
Fair use found |
|
|
2012 |
C.D. Cal. |
Ninth Circuit |
Education/Scholarship/Research; Film/Audiovisual |
Fair use found |
|
|
Righthaven, L.L.C. v. Jama, No. 2:10-CV-1322 JCM (LRL) (D. Nev. Apr. 22, 2011) |
2011 |
D. Nev. |
Ninth Circuit |
Education/Scholarship/Research; Internet/Digitization; News reporting; Textual work |
Fair use found |
|
Bouchat v. Balt. Ravens Ltd. P'ship, 619 F.3d 301 (4th Cir. 2010) |
2010 |
4th Cir. |
Fourth Circuit |
Education/Scholarship/Research; Film/Audiovisual; Painting/Drawing/Graphic |
Preliminary ruling, mixed result, or remand |
|
A.V. ex rel. Vanderhye v. iParadigms, L.L.C., 562 F.3d 630 (4th Cir. 2009) |
2009 |
4th Cir. |
Fourth Circuit |
Computer program; Education/Scholarship/Research; Internet/Digitization; Textual work |
Fair use found |
|
Blackwell Publ'g, Inc. v. Excel Research Grp., LLC, 661 F. Supp. 2d 786 (E.D. Mich. 2009) |
2009 |
E.D. Mich. |
Sixth Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
Warren Publ'g Co. v. Spurlock, 645 F. Supp. 2d 402 (E.D. Pa. 2009) |
2009 |
E.D. Pa. |
Third Circuit |
Education/Scholarship/Research; Painting/Drawing/Graphic; Textual work |
Fair use found |
|
Peter Letterese & Assocs. v. World Inst. of Scientology Enters., 533 F.3d 1287 (11th Cir. 2008) |
2008 |
11th Cir. |
Eleventh Circuit |
Education/Scholarship/Research; Review/Commentary; Textual work |
Preliminary ruling, mixed result, or remand |
|
Leadsinger, Inc. v. BMG Music Publ'g, 512 F.3d 522 (9th Cir. 2008) |
2008 |
9th Cir. |
Ninth Circuit |
Education/Scholarship/Research; Film/Audiovisual; Music; Photograph; Textual work |
Fair use not found |
|
2007 |
E.D. Va. |
Fourth Circuit |
Education/Scholarship/Research; Textual work |
Fair use found |
|
|
Elvis Presley Enters., Inc. v. Passport Video, 349 F.3d 622 (9th Cir. 2003) |
2003 |
9th Cir. |
Ninth Circuit |
Education/Scholarship/Research; Film/Audiovisual; Music; Photograph; Review/Commentary |
Fair use not found |
|
Veeck v. S. Bldg. Code Cong. Int'l, 241 F.3d 398 (5th Cir. 2001) |
2001 |
5th Cir. |
Fifth Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
Hofheinz v. Discovery Commc'ns, Inc., No. 00 CIV. 3802 (HB) (S.D.N.Y. Sep. 20, 2001) |
2001 |
S.D.N.Y. |
Second Circuit |
Education/Scholarship/Research; Film/Audiovisual; Review/Commentary |
Fair use found |
|
Sundeman v. Seajay Soc'y, Inc., 142 F.3d 194 (4th Cir. 1998) |
1998 |
4th Cir. |
Fourth Circuit |
Education/Scholarship/Research; Review/Commentary; Textual work; Unpublished |
Fair use found |
|
Duffy v. Penguin Books USA, Inc., 4 F. Supp. 2d 268 (S.D.N.Y. 1998) |
1998 |
S.D.N.Y. |
Second Circuit |
Education/Scholarship/Research; Format shifting/Space shifting; Textual work; Unpublished |
Fair use found |
|
Princeton Univ. Press v. Mich. Document Servs., Inc., 99 F.3d 1381 (6th Cir. 1996) |
1996 |
6th Cir. |
Sixth Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
Monster Commc'ns, Inc. v. Turner Broad. Sys., Inc., 935 F. Supp. 490 (S.D.N.Y. 1996) |
1996 |
S.D.N.Y. |
Second Circuit |
Education/Scholarship/Research; Film/Audiovisual; Review/Commentary |
Preliminary ruling, mixed result, or remand |
|
Am. Geophysical Union v. Texaco, Inc., 60 F.3d 913 (2d Cir. 1994) |
1994 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Textual work; Used in government proceeding |
Fair use not found |
|
Norse v. Henry Holt & Co., 847 F. Supp. 142 (N.D. Cal. 1994) |
1994 |
N.D. Cal. |
Ninth Circuit |
Education/Scholarship/Research; Textual work; Unpublished |
Fair use found |
|
Twin Peaks Prods., Inc. v. Publ'ns Int'l, Ltd., 996 F.2d 1366 (2d Cir. 1993) |
1993 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Film/Audiovisual; Review/Commentary; Textual work |
Fair use not found |
|
1992 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Painting/Drawing/Graphic; Review/Commentary; Textual work |
Fair use found |
|
|
Sega Enters. Ltd. v. Accolade, Inc., 977 F.2d 1510 (9th Cir. 1992) |
1992 |
9th Cir. |
Ninth Circuit |
Computer program; Education/Scholarship/Research |
Fair use found |
|
Ass'n of Am. Med. Colls. v. Cuomo, 928 F.2d 519 (2d Cir. 1991) |
1991 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Review/Commentary; Textual work; Unpublished |
Preliminary ruling, mixed result, or remand |
|
1991 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Textual work; Unpublished |
Fair use found |
|
|
Basic Books, Inc. v. Kinko's Graphics Corp., 758 F. Supp. 1522 (S.D.N.Y. 1991) |
1991 |
S.D.N.Y. |
Second Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
New Era Publ'ns Int'l, ApS v. Carol Publ'g Grp., 904 F.2d 152 (2d Cir. 1990) |
1990 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Review/Commentary; Textual work |
Fair use found |
|
New Era Publ'ns Int'l, ApS v. Henry Holt & Co., 873 F.2d 576 (2d Cir. 1989) |
1989 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Review/Commentary; Textual work; Unpublished |
Preliminary ruling, mixed result, or remand |
|
1989 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
|
1986 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Review/Commentary; Textual work |
Fair use found |
|
|
Educ. Testing Servs. v. Katzman, 793 F.2d 533 (3d Cir. 1986) |
1986 |
3d Cir. |
Third Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
1983 |
9th Cir. |
Ninth Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
|
Ass'n of Am. Med. Colls. v. Mikaelian, 571 F. Supp. 144 (E.D. Pa. 1983) |
1983 |
E.D. Pa. |
Third Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
Encyclopedia Brittanica Educ. Corp. v. Crooks, 542 F. Supp. 1156 (W.D.N.Y. 1982) |
1982 |
W.D.N.Y. |
Second Circuit |
Education/Scholarship/Research; Film/Audiovisual; Format shifting/Space shifting |
Fair use not found |
|
1977 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Textual work |
Preliminary ruling, mixed result, or remand |
|
|
N.Y. Times Co. v. Roxbury Data Interface, Inc., 434 F. Supp. 217 (D.N.J. 1977) |
1977 |
D.N.J. |
Third Circuit |
Education/Scholarship/Research; Textual work |
Fair use found |
|
Rosemont Enters., Inc. v. Random House, Inc., 366 F.2d 303 (2d Cir. 1966) |
1966 |
2d Cir. |
Second Circuit |
Education/Scholarship/Research; Textual work |
Preliminary ruling, mixed result, or remand |
|
Eisenschiml v. Fawcett Publ'ns, Inc., 246 F.2d 598 (7th Cir. 1957) |
1957 |
7th Cir. |
Seventh Circuit |
Education/Scholarship/Research; Textual work |
Fair use found |
|
1950 |
7th Cir. |
Seventh Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
|
|
1841 |
C.C.D. Mass. |
First Circuit |
Education/Scholarship/Research; Textual work |
Fair use not found |
Courtesy of copyright.gov fair use index.
Contact a Federal Copyright Infringement Law Firm
We have handled nearly a 1,000 copyright infringement disputes since our founding in 2004. This includes cases dealing with movie piracy (Strike 3 Holdings videos), software licensing disputes (Autodesk audits, Siemens, Microsoft, Ansys, Synopsis, Adobe, Solidworks and more), and pay per view boxing piracy (Joe Hand promotions cases), IPTV defense (theft of movies and television shows from MPAA and ACE Alliance) and counterfeit products involving copyright claims (ex, Apple counterfeit products).
Call us at (877) 276-5084 or fill out our contact form and we will contact you. We are able to offer low flat fees for most copyright cases including fair use and parody opinion letters.
