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Fair use and transformativeness: It may shake your world - NeverEndingSearch - Blog on ... - 0 views
copyright is designed not only to protect the rights of owners, but also to preserve the ability of users to promote creativity and innovation.
the critical test for fairness in terms of educational use of media is transformative use
adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use
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BGA filed suit against DK for copyright infringement. The courts threw the case out, agreeing with DK's claim of fair use. The posters were originially created to promote concerts. DK's new use of the art was designed to document events in historical and cultural context. The publisher added value in its use of the posters. And such use was transformative.
The fact that permission has been sought but not granted is irrelevant. Permission is not necessary to satisfy fair use.
What is fair, because it is transformative, is fair regardless of place of use.
One use not likely to be fair, is the use of a music soundtrack merely as an aesthetic addition to a student video project.
adding value, engaging the music, reflecting, somehow commenting on.the music
photocopying a text book because it is not affordable is still not fair use
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