FINAL EXAM STUDY GUIDE:

Copyright - Fair Use

• What are the general guidelines regarding fair use?
   
  
• Is use by a not-for-profit organization automatically considered fair use?

• What are the four factors to be considered in determining whether a particular use is fair?
   
  
• Is there a specific number of words, lines, or notes that may safely be taken without permission?
   
  
• Would acknowledging the source of the copyrighted material substitute for obtaining permission? (Does failure to acknowledge the source count against the infringer? See Nunez.)
   
  
• Know the examples of activities that courts have regarded as fair use.
   
  
• What is the safest course to avoid copyright infringement?
   
  
• Can the U.S. Copyright Office give permission to use copyrighted work?
   
  
• What advice does the U.S. Copyright Office give for situations in which it is impractical to obtain permission?

• What are the facts of the case?
   
  
• How were the four factors applied in this case? Know the court's various reasons as it applied each factor. (Time for some critical reading by you.)
   
  
• Factor 1:
  • The focus of this analysis asks what? The more "transformative" the new work, the less ...
     
    
  • Is use for news considered a fair use per se, regardless of the other factors?
     
    
  • Did the tawdry nature of the news make it less fair use?
     
    
  • What did the court consider in determining if the newspaper had acted in good faith? Did that weigh in favor of the newspaper under factor one?
  
   
  
• Factor Two:
  • What two aspects do courts consider in evaluating this factor?
  
   
  
• Factor Three:
  • How must this be a flexible inquiry?
  
   
  
• Factor Four:
  • The analysis should focus on what and not on what? In short, this factor is concerned with what? So the court's inquiry is restrained to what?
     
    
  • The market must be what?

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