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Free in this context is not as much of a reference to price as it is to freedom. What constitutes free licensing has been characterised in a number of similar definitions, including by order of longevity the Free Software Definition, the Debian Free Software Guidelines, the Open Source Definition and the Definition of Free Cultural Works.
Finally, some courts find that all prongs of the Feist and Arnstein tests are met, but that the copying is nevertheless permitted under the fair use doctrine. Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional ...
the right to create derivative works of the original work, the right to distribute copies and phonorecords of the work to the public by sale, lease, or rental, the right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and
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The author, or the licensor in case the author did a contractual transfer of rights, needs to have the exclusive rights on the work. If the work has already been published under a public license, it can be uploaded by any third party, once more on another platform, by using a compatible license, and making reference and attribution to the original license (e.g. by referring to the URL of the ...
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Free Culture covers the themes of piracy and property. Lessig writes at the end of the preface, "... the free culture that I defend in this book is a balance between anarchy and control. A free culture, like a free market, is filled with property. It is filled with rules of property and contract that get enforced by the state.
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