Fair Use Doctrine Questions
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Professor Wise is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law texts and distributes them to his students. Wise does not realize that the daughter of one of the textbook authors is a member of his seminar. She tells her father about Wise’s copying activities, which have taken place without her father’s or his publisher’s permission. Her father sues Wise for copyright infringement. Wise claims protection under the fair use doctrine. Who will prevail?
Issue: The question is whether Professor Wise’s use of the textbook excerpts fall within the fair use doctrine.
Rule: The fair use doctrine allows …
Courts consider four factors when determining whether use of copyrighted material falls within the fair use doctrine:
(1)
(2)
(3)
(4)
Application:
(1)
(2)
(3)
(4)
Conclusion: After reviewing these factors, a court would conclude that …
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