"Dumb Starbucks" and Fair Use Doctrine in USA Law


İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.4, no.1, pp.141-159, 2017 (Peer-Reviewed Journal) identifier


"Fair Use Doctrine" which shows the limits and restrictions to the rights of the copyright holder, was codified by Copyright Act of 1976. The term of "fair use" emerges during a period that positive law system acknowledged copyrights in a limited perspective and restrain or set criteria for the non- violation of copyrights with fair use. However along with the extension of copyrights upon development of positive law, those criteria commenced to form the limits of the copyrights. American Copyright Act, differs from EU and therefore Turkish legislation which set the limits of the copyrights in numerus clausus and on specific conditions. In this regard, the fair use doctrine is presumed to enable necessary flexibility to comply with the advancing technology. In this article; we will first examine the term and historical development of "fair use" (I), afterwards the the purpose of the doctrine (II) and the criteria which determines the violation of copyrights and fair use (III) and finally the potential influences of the fair use doctrine in legal systems that implement EU regulations will be evaluated.