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Saturday, January 1, 2011

Fair use of copyrighted work


The fair use of a copyrighted work for criticism, comment, news, reporting, teaching including multiple copies for classroom use, scholarship, research and similar purposes is not an infringement of copyright. Recompilation, which is understood to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with their programs, may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:
a. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes.
b. The nature of the copyrighted work.
c. The amount and substantiality of the portion used in relation to the copyrighted work as a whole and,
d. The effect of the use upon the potential market for or value of the copyrighted work.
(The fact that work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.)

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