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Old 07-31-2003, 10:19 AM   #50
welcor
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I've taken the time to read your reference, and it seems to me that the fair use in the case falls due to:

1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
- The use of "meter drop" and "rollong stock" is used in a commercial (mainly for-profit) way.

2) the nature of the copyrighted work
- The nature of the work is not considered (both are non-fictional).

3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The phrases were (as testified by the copyright owner) "an important part of the work" and "an important part of {the copyright holders} life" and are thus deemed "a qualitatively substantial part of the work". (I agree on this one - after all it's one of the reasons people buy the book.)

4) the effect of the use upon the potential market for or value of the copyrighted work.
- The use of the copyrighted material (in a course for stockmarketeers) serves the same market as the original work. Thus, the court decides that the use of the copyrighted material affects the market for the original work.

My own note: I don't undertsand why they didn't buy a set of books for the seminar instead...

This case is so different from the point we're discussing, that I'm surprised you'd use it as a reference. Especially to prove that the use in question is not fair use.
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