Is it possible to get declaratory judgements for fair use of intellectual property?
<p>I am working on a book that among other things analyzes news stories. In some cases I want to include the text of those stories in the book as examples. The problem, of course, is that these stories are copyrighted by the news agencies that wrote them and they will not give permission for them to be reprinted in a book under any circumstances.</p>
<p>Is it possible to sue the copyright holders who refuse to give permission and seek a declaratory judgement that permits fair use of the articles?</p>
<p>The alternative, publishing the stories and then getting sued by the news agencies for copyright infringement, is not something I want to do.</p>

<p>Assuming the U.S., there needs to be a real “case or controversy” according to the constitution  to get a civil case before a court. That you  would like the news publishers  to license something and they don’t chose to, does not constitute a case or controversy.</p>
<p>In the last few years, in patent cases, judges have decided that a very mild letter from a patent owner inquiring about  a potential infringer’s activity can pave the way for a declaratory  judgement case but simply refusing to deal with you is nothing like that.</p>

intellectual-property