PUBPOL 373 Lecture Notes - Lecture 24: Connectix Virtual Game Station, Sony Interactive Entertainment, Oh, Pretty Woman

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Qualifications: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. The degree to which the parody may serve as a market substitute for the original or potentially licensed derivatives. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above. No real definition of the concept has ever emerged, each case raising the question must be decided on its own facts. Parody, like less ostensibly humorous forms of criticism, it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one. The heart of any parodist"s claim to quote from existing material, is the use of some elements of a prior author"s composition to create a new one that, at least in part, comments on that author"s works.

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