Editing De minimis (section)

=== Copyright ===
[[File:The Dark Knight movie poster - censored copyright.jpg|thumb|This movie poster is likely subject to copyright and strict interpretation of copyright could argue that the image focuses on the poster too much, hence it has been censored in this image]]
Courts will occasionally not uphold a claim to [[copyright]] on modified [[public domain]] material if the changes are deemed to be ''de minimis''.<ref>{{Cite journal | last1 = Webbink | first1 = M. | last2 = Johnny | first2 = O. | last3 = Miller | first3 = M. | title = Copyright in Open Source Software – Understanding the Boundaries | doi = 10.5033/ifosslr.v2i1.30 | journal = International Free and Open Source Software Law Review | volume = 2 | year = 2010 | issue = 1 | url = http://www.ifosslr.org/ifosslr/article/view/30 | doi-access = free }}</ref> Similarly, courts have dismissed [[copyright infringement]] cases on the grounds that the alleged infringer's use of the copyrighted work (such as [[Sampling (music)|sampling]]) was so insignificant as to be ''de minimis''. For example, the ''[[NBA 2K]]'' video games that included copyrighted tattoos in the recreation of the players' likenesses were found to be in ''de minimis'' and not copyright-violating.<ref>{{cite web | url = https://www.hollywoodreporter.com/thr-esq/nba-2k-publisher-beats-copyright-suit-lebron-james-tattoos-1286847 | title = 'NBA 2K' Publisher Beats Copyright Suit Over LeBron James' Tattoos | first = Eriq | last =Gardner | date = March 29, 2020 | access-date = March 29, 2020 | work = [[The Hollywood Reporter]] }}</ref> However, in ''[[Bridgeport Music, Inc. v. Dimension Films]]'', such a ruling was overturned on appeal, the US appeals court explicitly declining to recognize a ''de minimis'' standard for digital sampling.<ref>{{cite web|last=Heins|first=Marjorie|title=Trashing the Copyright Balance|url=http://www.fepproject.org/commentaries/bridgeport.html|work=The Free Expression Policy Project|date=2004-09-21}}</ref>
"De minimis" was also invoked in the ''James Newton v. [[Beastie Boys]]'' copyright infringement lawsuit, where a 6-second sample of Newton's piece ''Choir'' was used in ''[[Pass the Mic]]''; Newton lost the case.

==== In India ====
The principle of ''de minimis non curat lex'' can be used as a defense in India in cases of copyright infringement. The important issue is whether the de minimis principle could be used as a separate defence from fair use under section 52 of the Indian Copyright Act. In ''India TV Independent News Service Pvt. Ltd. and Ors. v Yashraj Films Pvt. Ltd.'', the court discussed the applicability of ''de minimis'' principle at length. Before this case the position was not very clear concerning the applicability. The facts of the case were that five words were copied from a song of five stanzas. After applying the five well-known factors commonly considered by courts in applying ''de minimis'', the court reached the conclusion that the infraction is trivial and attracts the defence of ''de minimis''.<ref>Andrew Inest, "A Theory of ''De Minimis'' and a Proposal for Its Application in Copyright", 21 ''[[Berkeley Technology Law Journal]]'', 945 (2006)</ref><ref>{{Cite web|date=2020-08-14|title=Is It Fair (Use)? De Minimis As Defense In Copyright Infringement|url=https://www.irglobal.com/article/is-it-fair-use-de-minimis-as-defense-in-copyright-infringement/|access-date=2021-04-08|website=IR Global|language=en-US}}</ref><ref>{{Cite web|last=Interns|first=Intepat|date=2020-07-29|title=The Role of De Minimis in Copyright Law|url=https://www.intepat.com/blog/copyright/the-role-of-de-minimis-in-copyright-law/|access-date=2021-04-08|website=Intepat IP|language=en-US}}</ref>