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Greg Williams

Columbia Copyright Advisory Office - 0 views

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Greg Williams

Fair Use | BYU Copyright Licensing Office - 0 views

  • The purpose of the fair use provision is to allow limited use of copyrighted material without obtaining prior permission from the copyright owner.
  • all factors do not have to be on the favorable side to reasonably conclude that a valid fair use claim can be made.
  • The same fair use analysis applies to all formats and mediums
  • ...10 more annotations...
  • Most uses in the university environment can probably be characterized as nonprofit educational uses
  • if the use is transformative rather than verbatim copying.
  • Fair use does not apply to some works, such as standardized tests, workbooks, and works that are meant to be consumed
  • If there is only one way or very few ways to express a fact or an idea, the expression is said to have merged into the fact/idea, and there is no copyright protection for the expression.
  • Although there are no numerical or percentage limits, the larger the amount of a work one uses, the less likely it will be fair use.
  • The more of the original taken, in amount and substantiality, the greater the negative impact on the market for the copyrighted work.
  • anticipated effect of the use on the publisher’s market
  • This factor is often cited as the most important of the four, although the factors all interrelate and must be evaluated in conjunction with each other.
  • Instead, we are compelled to return to the four factors and to reach reasoned and responsible conclusions about the lawfulness of our activities
  • If most factors lean in favor of fair use, the proposed use is probably allowed
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