FAIR USE OF SOFTWARE NECESSARY TO REPAIR, MAINTAIN, OR DISAGNOSE A DEVICE OR SYSTEM | The Copyright Society - The Copyright Society

Name(Required)

First Last

Email(Required)

CAPTCHA

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

HOW LONG DOES IT TAKE FOR COPYRIGHT LAW TO CATCH UP WITH TECHNOLOGY? SOME DATA POINTS FROM THE MUSIC INDUSTRY

73 J. Copyright Soc'y 215-2Download

Bill Rosenblatt, Howie Singer

Creativity & Technology Collide Creativity, Culture & the Arts Music, Musicals & Performing Arts Technology, Innovation & the Future

TRAINING ON TRIAL: INSIGHTS FROM BARTZ AND KADREY

73 J. Copyright Soc'y 263 (2026)Download

THE UNEASY NEW (ARTIFICIAL INTELLIGENCE) RELATIONSHIPS: TECH, PUBLISHERS, AND AUTHORS IN ACADEMIC PUBLISHING

73 J. Copyright Soc'y 301 (2026)Download

Agnes Gambill West

AI & Copyright Keeping Up With Copyright Preservation, Archives & Memory