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48
Harper & Row
NATION PUBLISHED STOLEN NIXON MANUSCRIPT- FAIR USE
Four Factors of Fair Use
1. purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
-scoop and commercial
2. the nature of the copyrighted work (factual or fictional);
-facts-less protected
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
-took the heart of the work (even though not majority)
4. effect of use upon the potential market for or value of the copyrighted work.
-take away market for work, you take away essence of property right (like Jacques- take away exclusivity, take away essence)
Four Factors of Fair Use
1. purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
-scoop and commercial
2. the nature of the copyrighted work (factual or fictional);
-facts-less protected
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
-took the heart of the work (even though not majority)
4. effect of use upon the potential market for or value of the copyrighted work.
-take away market for work, you take away essence of property right (like Jacques- take away exclusivity, take away essence)
