Journal Home Browse Issues Search Articles Submissions About the Journal Copyright Fixation Podcast Subscribe Go back to Issues FAIR USE OF SOFTWARE NECESSARY TO REPAIR, MAINTAIN, OR DISAGNOSE A DEVICE OR SYSTEM 72 J. COPYRIGHT SOC'Y 157 (2025) David R. Metzger Dentons Abstract Fair use analyses of software needed for the diagnosis, maintenance, or repair of software-based devices or systems has often focused on whether the use is transformative use, and not whether the use is fair use because the use essentially is only for obtaining uncopyrightable data, information or ideas. This article raises a more appropriate analysis which does not require the creation of a derivative work or modification of the software which is typically required for a finding of fair use. Full Article Metzger 72(1)Download Related Content Event May 18 Copyright x AI: Shifting Landscapes Across the Atlantic 2026 is shaping up to be a pivotal year for copyright and AI — nowhere more so than in the… Live CLE Credit AI & Copyright Video Mar 4, 2026 Is It Fair Use to Use Pirated Materials for AI Training? This panel will discuss the current controversy over whether the use of “pirated” datasets in training AI models overcome claims… CLE Credit AI & Copyright Journal December 21, 2025 C+T Panel 2 - A THOUSAND TIMES NO: THE PRACTICALITIES OF OPT-OUT FOR AI TRAINING 72 J. Copyright Soc'y 1023 (2025)Download Adam Rendle, Daan Archer, Ali Sternburg, Thomas Sullivan AI & Copyright Copyright + Technology Conference Creativity & Technology Collide Technology, Innovation & the Future
