Fair Use Policy
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Questions and Answers

What is a crucial factor in determining whether an educational use is fair?

  • The type of copyrighted material used
  • The age of the students involved
  • The duration of the educational course
  • The purpose and character of the use (correct)

    • Which of the following is more likely to be permissible under fair use?

  • Using a published work for personal gain
  • Using a chapter from a readily available work
  • Using an excerpt from an out-of-print material (correct)
  • Using a copyrighted work for commercial purposes

    • What is a key consideration in determining the effect of the use on the value of the copyrighted work?

  • The age of the copyrighted work
  • The number of copies made
  • The market for journal sales (correct)
  • The type of copyrighted material used

    • Which of the following is a characteristic of a permissible educational use?

    <p>Use of brief excerpts</p> Signup and view all the answers

    What is a key difference between published and unpublished works in terms of fair use?

    <p>Published works are more likely to be permissible</p> Signup and view all the answers

    In the scenario described, what factor weighs in favor of fair use?

    <p>The purpose of the use</p> Signup and view all the answers

    What is a consequence of using a copyrighted work that is no longer for sale?

    <p>The use has no effect on the market</p> Signup and view all the answers

    Which of the following is a factor that favors fair use in an educational setting?

    <p>The use of non-fiction</p> Signup and view all the answers

    What is the primary purpose of the professor's use of copyrighted material?

    <p>Educational</p> Signup and view all the answers

    Which factor weighs against fair use in the first scenario?

    <p>The amount of material copied</p> Signup and view all the answers

    What is the key consideration for the fourth factor in the second scenario?

    <p>The number of images taken from each book</p> Signup and view all the answers

    How do the professor's actions in the second scenario compare to those in the first scenario?

    <p>They are less likely to be considered fair use</p> Signup and view all the answers

    What is the primary reason why the professor's actions in the first scenario are likely to be considered fair use?

    <p>The purpose of the use is strictly educational</p> Signup and view all the answers

    Which of the following is a factor that weighs in favor of fair use in the first scenario?

    <p>The professor is taking care to prevent outside access</p> Signup and view all the answers

    What is the significance of the professor copying entire articles in the first scenario?

    <p>It weighs against fair use</p> Signup and view all the answers

    What is the overall conclusion regarding the professor's actions in the first scenario?

    <p>The professor's actions are likely to be considered fair use</p> Signup and view all the answers

    What is the primary purpose of giving current trademark holders time to declare their rights in new top-level domains?

    <p>To prevent trademark infringement</p> Signup and view all the answers

    Which of the following is NOT a factor considered in determining fair use in the 1991 Basic Books Inc. vs Kinko’s Graphics Corp. case?

    <p>Originality of the copyrighted work</p> Signup and view all the answers

    What is the consequence of Kinko’s actions on the market for the copyrighted work?

    <p>It negatively affected the market for the copyrighted work</p> Signup and view all the answers

    What is the nature of the copyrighted work in the 1991 Basic Books Inc. vs Kinko’s Graphics Corp. case?

    <p>Non-fiction</p> Signup and view all the answers

    What is the primary reason why Kinko’s reproductions were not considered fair use?

    <p>Three out of four factors were against fair use</p> Signup and view all the answers

    What is the purpose of Kinko’s Professor Publishing business?

    <p>To make a profit</p> Signup and view all the answers

    What is the consequence of Kinko’s failure to contact publishers for permission?

    <p>It negatively affected the market for the copyrighted work</p> Signup and view all the answers

    What is the educational implication of the 1991 Basic Books Inc. vs Kinko’s Graphics Corp. case?

    <p>It highlights the importance of obtaining permission from publishers</p> Signup and view all the answers

    Study Notes

    Fair Use Policy

    • Educational use is more likely to be permissible than commercial use.
    • Use of non-fiction is more likely to be permissible than use of fiction.
    • Published works are preferred over unpublished works.
    • Brief excerpts are more likely to be permissible than entire chapters.

    Fair Use Scenario 1

    • The purpose of the use is strictly educational, weighing in favor of fair use.
    • The nature of the work is non-fiction, weighing in favor of fair use.
    • The amount of material used (entire articles) weighs against a ruling of fair use.
    • The effect on the market is minimal, as the journal issues are no longer for sale, weighing in favor of fair use.
    • Three out of four factors weigh in favor of fair use, making the professor's actions likely fair use.

    Fair Use Scenario 2

    • The purpose of the use is strictly educational, weighing in favor of fair use.
    • The material is art, weighing against a ruling of fair use.
    • The amount of material used (entire paintings) weighs against a ruling of fair use.
    • The effect on the market depends on the number of images taken from each book and the publisher's business.

    Trademark Law

    • Current trademark holders are given time to declare their rights in new top-level domains before registrations are opened to the general public.

    Case Law: 1991 Basic Books Inc. vs Kinko's Graphics Corp.

    • The judge concluded that Kinko's reproductions were not fair use.
    • Factors against fair use:
      • Purpose: Kinko's is a commercial enterprise.
      • Amount: Significant portions of books were copied.
      • Effect: The reproductions negatively affected the market for the copyrighted work.
    • Three out of four factors weighed against fair use.

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    Description

    Learn about the fair use policy, including the purpose and character of the use, and its effect on the value of the copyrighted work.

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