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Section (II) allows specifically for circumvention via hardware or software that skips objectionable content. [10]Circumvention for the purposes of avoiding objectionable content became an issue in 2006, when a Denver judge ruled that the edited versions of films sold by companies such as CleanFlicks and CleanFilms were not considered fair use. [15]
The first factor is "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes." To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. In the 1841 copyright case Folsom v.
The Act gives four factors to be considered to determine whether a particular use is a fair use: the purpose and character of the use (commercial or educational, trans-formative or reproductive, political); the nature of the copyrighted work (fictional or factual, the degree of creativity);
Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Nonprofit educational and noncommercial uses are more likely to be fair use. This does not mean that all nonprofit education and noncommercial uses are fair use or that all commercial uses are not fair. Instead, courts ...
Since the 1990s, US rulings on fair use have emphasized the two questions of (1) whether the usage was for a transformative purpose (i.e. a different purpose than the original market purpose) and (2) whether the usage was appropriate with regard to community practice in the community (i.e. higher education) in which the usage took place.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (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;
While in some cases Fair Use Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course ...
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work;