 | Thomas A. Crowell - 2007 - 362 lapas
...amount and substantiality of the portion used in relation to the copyrighted work as a whole; and • The effect of the use upon the potential market for or value of the copyrighted work."15 Transformative Uses A court will give greater weight to a defendant who is asserting a fair... | |
 | Martha Vicinus, Caroline Eisner - 2009 - 284 lapas
...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...potential market for or value of the copyrighted work. (US Code, Title 17, Sec. 107) Section 107 defines four elements to be used by the courts when making... | |
 | Charles E. Pletson - 2008 - 138 lapas
...scholarship, or research. "[12] A determination of fair use by a court considers four factors: (1) the purpose and character of the use, including whether...potential market for or value of the copyrighted work. [13] In the context of digital music downloads and transmissions, some alleged copyright infringers... | |
 | H. Ward Classen - 2007 - 670 lapas
...determining whether a particular use is fair use, courts consider factors including the following: ( 1 ) the purpose and character of the use, including whether...potential market for or value of the copyrighted work. Madison River Management Co. v. Business Management Software Corp., 387 F. Supp.2d 521, 536 (MDNC 2005).... | |
 | Michael A. Gollin - 2008
...consideration of four factors:4 (1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational...potential market for or value of the copyrighted work. Contrary to popular belief, there are no set rules about what is and is not fair use. There are exceptions... | |
 | Giuseppe Mazziotti - 2008 - 374 lapas
...whether such use is of a commercial nature or is for non-profit educational purposes; (2) the nature of copyrighted work; (3) the amount and substantiality...potential market for or value of the copyrighted work. Lessig, The Future of Ideas, op. cit, p. 9, significantly recalls that "Mix, rip and burn" was the... | |
 | Albert P. Melone, Allan Karnes - 2008 - 724 lapas
...nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the work as a whole; and (4) the effect of the use upon the potential market for the work or the value of the work. The district court concluded that Napster users are not fair users.... | |
 | Patrick M. Boucher - 2018 - 272 lapas
...case that the heart of a work is a relatively small portion of the whole. The final factor considers the "effect of the use upon the potential market for or value of the copyrighted work." In some ways this factor is the most important, and in other ways it is the most difficult to apply.... | |
 | Sara Armstrong - 2008 - 232 lapas
...the amount and substantiality of the portion used in relation to the copyrighted work as a whole • the effect of the use upon the potential market for or value of the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no... | |
 | Van Lindberg - 2008 - 394 lapas
...amount and substantiality of the portion used in relation to the copyrighted work as a whole; and • The effect of the use upon the potential market for or value of the copyrighted work Despite this seeming exactitude, it is difficult to say exactly what counts as a fair use. Both courts... | |
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... (1) the purpose and character of the use, including whether such use is of a 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 to the... 
