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    1. A wide-angle lens on fair use - Scholarly Communications @ Duke

      After he completes his four factor analysis — finding that three factors strongly favor fair use and only one, the amount (...)

    2. The GSU decision - not an easy road for anyone - Scholarly Communications @ Duke

      In another place she asserts that she will consider the permissions market in the fourth factor analysis only when a license (...)

    3. Scholarly Communications @ Duke - Page 18 of 58 - Discussions about the changing world of scholarly

      But notice something important.  When the third factor disfavored fair use, the factor analysis stood at two in favor (...)

    4. Scholarly Communications @ Duke - Page 11 of 58 - Discussions about the changing world of scholarly

      Second, all the factual nature of the book would mean, under Judge Evans’ analysis, is that the second factor of the fair use (...)

    5. Scholarly Communications @ Duke - Page 2 of 58 - Discussions about the changing world of scholarly c

      Based on what the appellate court said on the last appeal, the first factor (educational in-class use) strongly favors GSU; the second (...)

    6. Scholarly Communications @ Duke - Page 4 of 58 - Discussions about the changing world of scholarly c

      While the reasoning seems a bit difficult here, for me it is the most important point in this decision; the market harm factor clearly (...)

    7. Scholarly Communications @ Duke - Page 16 of 58 - Discussions about the changing world of scholarly

      The Judge did a four factor analysis to arrive at his conclusion, and it is worth looking at that analysis.

    8. Scholarly Communications @ Duke - Page 15 of 58 - Discussions about the changing world of scholarly

      Since five of the six paradigmatic purposes in section 107 are educational functions, including “multiple copies for classroom use,” and since (...)

    9. How balanced is the balancing test? - Scholarly Communications @ Duke

      First, it reminds us that the factors interrelate in such a way that the importance of one factor may be influenced by facts uncovered (...)

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