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A wide-angle lens on fair use - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/11/17/a-wide-angle-lens-on-fair-use/
After he completes his four factor analysis — finding that three factors strongly favor fair use and only one, the amount (...)
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The GSU decision - not an easy road for anyone - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2012/05/12/the-gsu-decision-not-an-easy-road-for-anyone/
In another place she asserts that she will consider the permissions market in the fourth factor analysis only when a license (...)
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Scholarly Communications @ Duke - Page 18 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/18/
But notice something important. When the third factor disfavored fair use, the factor analysis stood at two in favor (...)
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Scholarly Communications @ Duke - Page 11 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/11/
Second, all the factual nature of the book would mean, under Judge Evans’ analysis, is that the second factor of the fair use (...)
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Scholarly Communications @ Duke - Page 2 of 58 - Discussions about the changing world of scholarly c
https://blogs.library.duke.edu/scholcomm/page/2/
Based on what the appellate court said on the last appeal, the first factor (educational in-class use) strongly favors GSU; the second (...)
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Scholarly Communications @ Duke - Page 4 of 58 - Discussions about the changing world of scholarly c
https://blogs.library.duke.edu/scholcomm/page/4/
While the reasoning seems a bit difficult here, for me it is the most important point in this decision; the market harm factor clearly (...)
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Scholarly Communications @ Duke - Page 16 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/16/
The Judge did a four factor analysis to arrive at his conclusion, and it is worth looking at that analysis.
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Scholarly Communications @ Duke - Page 8 of 58 - Discussions about the changing world of scholarly c
https://blogs.library.duke.edu/scholcomm/page/8/
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Scholarly Communications @ Duke - Page 15 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/15/
Since five of the six paradigmatic purposes in section 107 are educational functions, including “multiple copies for classroom use,” and since (...)
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How balanced is the balancing test? - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2010/12/29/how-balanced-is-the-balancing-test/
First, it reminds us that the factors interrelate in such a way that the importance of one factor may be influenced by facts uncovered (...)