Fair Use

Question 1

What are the four nonexclusive factors that courts consider in their fair use analyses?

Answer 1

1. purpose & character of D’s work
2. nature of P’s work
3. amount & substantiality of P’s work copied
4. effect on potential market/value of P’s work

Question 2

What are four considerations that fall under factor 1: purpose and character of D’s work?

Answer 2

transformative? (Campbell)

commercial? (Betamax)

good/bad faith?

customary? (Harper & Row)

Question 3

Fill in the blanks:

“Although ____ ___ Is not absolutely necessary for a finding of fair use, the goal of © is generally furthered by the creation of ____ works.”

What case?

Answer 3

transformative use; transformative

Campbell

Question 4

Describe five ways in which a work can be transformative.

Answer 4

1. parody (Liebovitz)
2. criticism (Lennon’s Imagine)
3. physical modification
4. socially valuable
5. different purpose (Perfect 10)

Question 5

If the target of mockery is not the original work, the accused work is _____ and not parody, and the use of the copyrighted work for such purpose is
not a fair use.

Case example?

Answer 5

satire

eg, Dr. Seuss; Puppies

Question 6

The six items provided as (nonexhaustive) examples of fair use purposes in the copyright statute:

Answer 6

criticism
comment
news reporting
teaching
scholarship
research