...research. . . ." In evaluating whether the fair use defense is available, courts must evaluate ( 1 ) the purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes; (2) the nature of the work; (3) the amount and substantiality of the portion used in relation to the...

...made of a work in any particular case is a fair use the factors to be considered shall include - (i) the purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes; (2.) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation...

...(1999). In determining whether a particular use is a fair use, courts take into account four factors: (1) the purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation...

...cases. There are four fair use factors that need to be considered in any fair use assessment: "(1) the purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation...

...use. The Four Factors 1. Purpose and Character of the Use The first factor requires you to consider "the purpose and character of the use, including whether...nature or is for nonprofit educational purposes." In keeping with the goal of social benefit resulting from the unauthorized use of copyrighted material,...

...made of a work in any particular case is a fair use the factors to be considered shall include—(1) the purpose and character of the use, including whether...commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation...

...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...

...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...

...a fair use, and the Ninth Circuit affirmed. With respect to the first of the four fair use factors, "the purpose and character of the use, including whether such use is of a commercial nature," 17 USC § 107(1), the Ninth Circuit acknowledged that Arriba operated its site for commercial purposes....

...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....