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Infringement- Fair Use
• 17 U.S.C. 107→ for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
• Transformative uses vs. Reproductive uses
o Time-shifting (recording a show and watching it later)- VCRs/Tivo fair use
o Space-shifting (downloading music)- peer to peer file sharing- not fair use
Four Factors
(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 copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
• Transformative uses vs. Reproductive uses
o Time-shifting (recording a show and watching it later)- VCRs/Tivo fair use
o Space-shifting (downloading music)- peer to peer file sharing- not fair use
Four Factors
(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 copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
