The finding of the presence of one factor in favor of fair use does not in and of itself mean the infringing use will be fair. The courts must balance all of the factors and make a decision as to a finding of fair use. In doing so, it lists four factors that should be examined when determining fair use and they are: (1) purpose and character of the use, including whether the use is of a commercial nature of for nonprofit educational purposes (2) the nature of the copyrighted work (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole and (4) the effect of the use upon the potential market for or value of the copyrighted work. Section 107 of the Copyright Act provides the statutory framework for determining whether or not an infringing use is found to be fair under the law.

The Fair Use Doctrine is a defense offered to defendants accused of copyright infringement and serves as a complete bar to liability. For those that were properly served, the court found the Fair Use Doctrine applied and there was no infringement. Some parties were not served within the proper time period, even with extensions provided some parties were not served at all. Judge Nathan cited failure to state a claim, insufficient process, insufficient service of process and protections under the Fair Use Doctrine. Nathan, right in time for the 21 stВ anniversary of BiggieвЂ™s death. The lawsuit was dismissed by United States District Judge Alison J. He spoke of taking life seriously and moving towards success. Tunes is also upset about the message the infringing works portrays, as his original music was meant to discourage partying. In addition to compensatory damages, an injunction against further infringement, Tunes is requesting for the judge to determine that Tunes is the originator and owner of the term вЂњparty and bullshitвЂќ. Diddy produced RitaвЂ™s song, so he was thrown in the mix too.

Busta Rhymes and Eminem were named in the suit for the 2014 song вЂњCalm DownвЂќ, which also borrows from BiggieвЂ™s song. He didnвЂ™t file at the time of release because he wanted to be respectful of BiggieвЂ™s death and claims he didnвЂ™t expect any further acts of infringement, but when Rita Ora licensed the rights to BiggieвЂ™s track for her song вЂњHow We Do PartyвЂќ in 2012, Tunes was beyond furious. Tunes waited over 20 years to file the lawsuit. ThereвЂ™s no question that the song is sampled repeatedly throughout the hook of Party and Bullshit, and Tunes definitely owns a copyright for the underlying musical composition. Tunes by Dune asserted Biggie never obtained licensing rights for sampling The Lost PoetвЂ™s song вЂњWhen the Revolution ComesвЂќ in вЂњParty and BullshitвЂќ, which was released in 1993. Also named in the lawsuit were Rita Ora, Busta Rhymes, Diddy Combs (if that was ever one of his many names вЂ“ you know who IвЂ™m talking about), Roc Nation, among other publishers, producers and labels. Abiodun Oyewole, professionally and hereafter known as вЂњTunes by DuneвЂќ, and a member of the group The Lost Poets, brought a copyright infringement lawsuit against BiggieвЂ™s estate in March of 2016, for BiggieвЂ™s hit song вЂњParty and BullshitвЂќ. On the anniversary of the late Notorious B.I.G.вЂ™s death, his estate was just released from civil liability of a copyright infringement lawsuit alleging damages in the amount of $24 million.

Mo money mo problems year