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The use of a work under the direction or control of the government or other institutions for the purpose of informing and public. It must also be compatible with fair use. The public performance of a work in a place without admission fee and for other purposes that does not include profit making.
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first ... the Philippines, Sri Lanka, Taiwan ...
The Philippines, being then a territory of the United States, incorporated into Act 666 principles upon which the U.S. trademark law was founded on. [ 7 ] Republic Act No. 166 repealed Act 666 in 1946, [ 7 ] and was itself expressly repealed on January 1, 1998 when Republic Act No. 8293 [ 1 ] was enacted in compliance with the WTO TRIPS Agreement.
In order to successfully assert a fair-use defense to a trademark infringement claim, the defendant must prove the three elements of the fair-use doctrine: (1) that the term was used in a way other than as a mark; (2) that the term was used to describe the goods or services offered or their geographic origin; and (3) that the use had been ...
While the source of the right was founded in the law of unfair trade practices, Courts in the United States have found that the doctrine of Fair Use nevertheless applied to the fixation of live performances. Accordingly in Italian Book Company v.
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving ...
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 ...
Instead, every such use for research or study must be evaluated individually to determine whether it is fair, similar to the notion of fair use in U.S. copyright law. Among the criteria used to determine the fairness of a use are the purpose and character of the dealing, the nature of the work, the possibility of obtaining the work commercially ...