Fair Use in Copyright. Fiorello Klein. Dad what is gravity? Mom how come stars don’t fall down from heaven? How many people live in Europe? Dad what is an atom? What language do they speak Switzerland? Why is the air transparent? Why does the sun set? How far is Moscow?.
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How far is Moscow?
2 – Go ask your teacher!!!
2 – Go ask your teacher!!!3 – Go to the library to find out!!!
2 – Go ask your teacher!!!3 – Go to the library to find out!!!4 – Look it up in the encyclopedia!!!
The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
The limitations given by the Directive can ONLY be applied:
1- in certain special cases,2- which do not conflict with a normal exploitation of the work or other subject-matter3- and do not unreasonably prejudice the legitimate interests of the rightholder.
4 abstract criteria to take into account:
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
A reduced image of a graphic or document page, used in order to view multiple images on a screen simultaneously or to download such images more rapidly.
“the significantly transformative nature of Google’s search engine, particularly in light of its public benefit, outweighs Google’s superseding and commercial uses of the thumbnails in this case. In reaching this conclusion, we note the importance of analyzing fair use flexibly in light of new circumstances.”
“…it was the task of the legislator to solve the tension between the strong public interest in efficient access to graphical online information and the economic interests of search engine providers on the one hand, and the interests of authors on the other.”
Broad exclusive rights