So Google may have little choice but to seek a ruling from the courts that its scanning project is legal under copyright's fair use doctrine.
There are circumstances under the fair use doctrine where a quote or a sample may be used without permission.
Moderate scholars seem to support that view while recognizing the need for exceptions and limitations, such as the fair use doctrine.
States that recognize the reasonable use doctrine found the natural flow doctrine too restrictive.
Finally, the court noted a potential source of confusion between the "transformative use" doctrine and derivative works.
Freedom of speech as guaranteed by the First Amendment is a premise for the fair use doctrine in both trademark and copyright law.
Alkalimat and his publisher said that the book's quotations were permitted under the fair use doctrine.
The fair use doctrine is not clear.
The legality of video sampling falls under the fair use doctrine in the United States copyright law.
Producers of news photography and filmography are theoretically protected by the first amendment or through the fair use doctrine.