| OK, I am not a lawyer. I only know what I read. Prior to 1998, juries weren't used in copyright cases. Since then, some judges have maintained that there are issues of law, not fact, which are the judge's purview, not the jury's. See “[f]air use is a mixed question of law and fact,...” https://www.copyrightcontentplatforms.com/2017/06/determining-fair-use-under-the-copyright-act-judge-versus-jury/ |
