Unpublished works affecting fair use shifted in the 90's - Bbutler (?)
Acuff-Rose Case was hugE
Michael Madison describes Best Practice rationale
First 70 pages of GSU ruling are setting the FU analysis
factor 3 and 4 are the impact points in GSU: win one and edu wins all when 1 & 2 are satisfied.
GSU Not a precident in a strict legal sense. 10% rule applies best for strictly academic texts.
Jonathan Band streaming argument READ fsrn
_____
JB: "The four factors are not an exhaustive list, there are others that can be considered"
uses were NOT transformative; transformation is not a big factor because it is simply edu use
De minimus non curat lex = the little things don't matter
3 of 4 factors are almost always a win
Hope of plaintiffs was to add more burden to inst's making FU determinations
Questions:
GSU will have to use the 10% rule in their policy?
Acuff-Rose Case was hugE
Michael Madison describes Best Practice rationale
First 70 pages of GSU ruling are setting the FU analysis
factor 3 and 4 are the impact points in GSU: win one and edu wins all when 1 & 2 are satisfied.
GSU Not a precident in a strict legal sense. 10% rule applies best for strictly academic texts.
Jonathan Band streaming argument READ fsrn
_____
JB: "The four factors are not an exhaustive list, there are others that can be considered"
uses were NOT transformative; transformation is not a big factor because it is simply edu use
De minimus non curat lex = the little things don't matter
3 of 4 factors are almost always a win
Hope of plaintiffs was to add more burden to inst's making FU determinations
Questions:
GSU will have to use the 10% rule in their policy?
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