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Copyright Information (continued...)
Fair Use (17 U.S.C. § 107) According to United States copyright law, the determination of Fair Use is subject to the following factors:
- Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar finding of fair use if such finding is made upon consideration of all the above factors. Educational Use Exemptions (17 USC. § 110) Section 1 10 (1) exempts from infringement liability the performance or display of a copyrighted work in the course of face-to-face teaching activities by a nonprofit educational institution in a classroom or similar setting. Section 1 10 (2) exempts from liability the transmission of a performance or display of a copyrighted work if (1) the performance or display is a regular part of the systematic instructional activities of the nonprofit educational institution; (2) the performance of display is directly related and of material assistance to the teaching content of the transmission; and (3) the transmission is made primarily for reception in classrooms or similar places or by persons to whom the transmission is directed because of their disabilities.
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