Campbell V. Afff-Rose Music

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context the court replied, that there cannot be any adverse impact to the market of the copyrighted work for the “simple reason the recipient of the literacy programme is not a potential customer”. According to the court, the students who used the course packs did not form a potential market for purchase of the original copyrighted works; the students would otherwise have gone to the library to have full access to the original works. The court also pointed out that the use of course pack in academics would rather help in expansion of the market. This is true that a small group of the students in the classroom cannot be considered as a market causing potential threat of competition to the publishers. But there lies a problem one is that While analysing this aspect the court did not define the term potential…show more content…
Second, this speculative anticipation of market harm limiting to students will always disfavour a finding of fair use. What if in the case like India which is in dire need to access to reading material in future the court finds a use of a copyrighted material to be fair even when such use seems to have a negative impact on the market of the protected work, which gives the impression that a negative impact on the market may not necessarily lead to a finding of unfair use. In Campbell v. Acufff-Rose Music, Inc., while not denying the fact that parody can harm the market at all, the Supreme Court of the United States surprisingly made a finding of fair use. Therefore, it is important to consider that the market impact is not always conclusive as to whether the use is unfair. If the case goes in appeal, it is important for the Supreme Court’s to examine the reasoning, necessary in order to appreciate its opinion and understand why a court
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