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Section VIII Sixth Revised Page 2 Replaces Fifth Revised Page 2 Date Filed: September 10, 2012, Docket No: G-008/GR-08-1075 Issued by: Jeffrey A. Daugherty, Director, Regulatory and Legislative Activities
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In this action, Plaintiff is not seeking summary judgment on the issue of infringement. Although plaintiff does not dispute that he may have valid copyright rights over "the 'Lectric Law Library Catalog' ("LLLC"), plaintiff's main contention is that the Defendants are entitled to summary judgment on his claim that the LLLC constitutes an unfair use of the LLC. This complaint is brought pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1464. Section I of this Opinion provides an overview of both Federal Rule of Copyright Law and the Fair Use Doctrine. Section II outlines the major elements of this case, and Section III provides a summary of the legal standards of the Fair Use Doctrine. Section IV provides an overview of both Copyright Law and the Fair Use Doctrine, as well as an example of how they are applied in this case. Section V discusses the major arguments for and against awarding equitable or declaratory relief. Section VI discusses the role of the court, and Section VII summarizes the court's analysis of the parties' positions. Section VIII lists the specific relief appropriate, if awarded, for the Fair Use Doctrine in this case. I. Overview Founded in 1793 by Benjamin Franklin, the Library of Congress is the oldest law library in the U.S., and one of the most storied among government institutions. The Library's history has seen many peaks and valleys, yet today it retains its reputation as one of the finest institutions for knowledge creation and preservation in the world. The Library has grown out of a necessity to preserve the nation's founding documents and documents that are still in use today. The Federal Government requires that all Federal government documents be stored in physical form (and that physical copies be made). In 1792, the Library's original building (which housed most of the Library's legal and administrative functions) was burned to the ground. With the assistance of the Sons of Liberty (who were associated in the Founding), the Library quickly rebuilt the Library at a nearby location. The Federal Government subsequently granted the Library permission to expand its headquarters to accommodate the expansion of the Library. The Library's current building was originally designed to accommodate the needs of the Library's staff. When the Library was expanding, it made a point of creating a facility large enough to hold those employees without expanding the building's footprint. The building is so large that its roof is not covered over with glass. In fact, the roof can be seen from many sections of the building (see