Labels:book | reckoner | sky OCR: an affirmative defense requiring case -hy- -case analysis. See H.R. Rep No. 83 90th Cong. 1st Sess. (1967); Patry 47' "[Whether use referred to in the first sentence of section 107 is a fair use in particular case will epend uodn the application of the determinative factors including those mentioned second sentence Senate Report Hamer Row, 471 U.S at 561. arnending Section 107 in 1992. Congress reaffirmed this intent. stating courts are to determine the affinmative defense of fair USE on case by case basis ep No. 836 PZQI Cong Sess (1992) It further noted that even the uses enumeratet in the statute are not presumotively tair at Certain of the claim (ACLU Br. 25: Capito] Steps Productions. af. BT 22 that Congress clear intent avoid crration of any presumptive fair uBeS does your apply the ...
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