 | Robert L. Brown, Alan S. Gutterman - 2005 - 574 lapas
...copyright infringement. The elements of the fair use and the court's conclusion are as follows: • Purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes. With respect to this first factor, "every commercial use of copyrighted material is presumptively an... | |
 | Martha Buskirk - 2005 - 324 lapas
...factors to be taken into consideration articulated in the 1976 revision of the copyright code as: "(i) the purpose and character of the use, including whether...use is of a commercial nature or is for nonprofit purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion... | |
 | Russell L. Parr, Gordon V. Smith - 2005 - 890 lapas
...sponsored for his copyrighted design. The first factor, as spelled out in the statute, goes on to mention "whether such use is of a commercial nature or is for nonprofit educational purposes" — 17 USC § 107(1). By reason of dicta in the Supreme Court's opinion in Sony Corp. of America v.... | |
 | Audrey Fenner - 2005 - 208 lapas
...copyrighted work is fair use, American courts usually employ a four-factor analysis as follows: first, the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; second, the nature of the copyrighted work;... | |
 | Tomas A. Lipinski - 2005 - 244 lapas
...the website was indeed published could the court secure for the plaintiff the full array of damages. The Amount and Substantiality of the Portion Used in Relation to the Work as a Whole ln practice, the third fair use factor, the amount and substantiality of the portion... | |
 | H. Ward Classen - 2005 - 362 lapas
...the nature of the copyrighted work, whether the entity possessed an authorized copy of the software, the amount and substantiality of the portion used in relation to the whole, was copying necessary to gain access to the functional elements of the software, whether the... | |
 | D. Vaver - 2006 - 384 lapas
...which the court should take into account in deciding whether use is fair. The factors mentioned are: 1 the purpose and character of the use, including...non-profit educational purposes; 2 the nature of the copyright work; 3 the amount and substantiality of the portion used in relation to the copyright work... | |
 | Wenjun Zeng, Heather Yu, Ching-Yung Lin - 2011 - 520 lapas
...the most difficult challenges in engineering solutions to piracy. Four factors must be considered: (1) the purpose and character of the use, including...non-profit educational purposes; (2) the nature of the work; (3) the amount and the substantiality of the portion used in relation to the copyrighted work... | |
 | Markus Jakobsson, Steven Myers - 2006 - 739 lapas
...considers relevant to the overall question of whether the proposed use is fair and permissible: • The purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes. This factor favors uses that are transformative, ie that integrate the work with new creative elements... | |
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... the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2*17U.SC§ 106(1998). (2) the nature of the copyrighted work... 
