J 350F Lecture Notes - Lecture 23: The Nation, Harper (Publisher), Roy Orbison
Document Summary
Freelancers had sold stories that appeared in the nyt, newsday, and sports illustrated. Same stories also sold to databases like nexis; times argued that it was allowed to o er its periodicals to those databases like selling issues to a library. In 2001 supreme court says nope these are di erent, individually searchable articles that represent di erent rights that the ones the freelancers sold to the times. Artists make deals with these societies to be able to use music for performances reasons. Sometimes, like when it"s being rebroadcast from other states. If predominately commercial, weighs against a fair use inding. Factual or ictional? (factual more likely to see fair use. ) Available or out of print? (out of print more likely to be fair use. ) Kink"s copied college textbooks without permission, compiled them into course packets, and sold them to students kinko"s claimed fair use. Purpose and character use deinitely commercial, so no: nature of copyright work factual, so yes.