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View Diary: TPP Defenders Deliver Official Talking Points; Inadvertently Confirm Opponents' Worst Fears (33 comments)

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  •  commercial use is one factor in the multifactor (1+ / 0-)
    Recommended by:
    shenderson

    facts & circumstances analysis.  It's not determinative in and of itself.

    (noted more for others rather than you!)

    •  true (0+ / 0-)

      Another factor is how much of the work is copied, and the significance of the part.

      In one rather famous case, for instance, a book reviewer published just ONE paragraph out of the entire book--and was successfully sued for infringement. Why? Because the book he was reviewing was Gerald R Ford's autobiography, and the paragraph cited in the review was the one where he explained why he pardoned Nixon.  The publisher argued that this was the entire reason why people bought the book, and thereby by publishing this paragraph the reviewer infringed on the commercial salability of the work.

      In the end, reality always wins.

      by Lenny Flank on Sat Nov 30, 2013 at 04:57:33 PM PST

      [ Parent ]

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