— Also termed private-use exception; (in Canadian law) fair dealing. [Cases: Copyrights and Intellectual Property 53.
2. C.J.S. Copyrights and Intellectual Property §§ 45–46, 48–50.]
“[Fair use is] the most troublesome [problem] in the whole law of copyright.” Dellar v. Samuel Goldwyn, Inc., 104 F.2d 661, 662 (2d Cir. 1939)(per curiam).
“Fair use is a judicial safety valve, empowering courts to excuse certain quotations or copies of copyrighted material even though the literal terms of the Copyright Act prohibit them.” Paul Goldstein, Copyright’s Highway 84 (1994).