4a. What are the four factors to consider in deciding whether a use of copyright
ID: 3586035 • Letter: 4
Question
4a. What are the four factors to consider in deciding whether a use of copyrighted material is a fair use?
4b. Give an example in which plagiarism is also copyright infringement, and give an example in which it is not.
4c. Your uncle owns a sandwich shop. He asks you to right an inventory program for him. You are glad to help him and do not charge for the program. The program works pretty well, and you discover later that your uncle has given copies to several friends who also operate small food shops. Do you believe your uncle should have asked your permission to give away your program? Do you believe the other merchants should pay you for the copies?
4d. Companies selling music or movies (for example) can include digital rights management tools that cause files to self-destruct after a specified amount of time. Assume the time limit is made clear to potential buyers. Give some advantages and disadvantages of this practice. Do you think it is ethical for entertainment businesses to sell content with such a limitation? Why or why not?
4e. Suppose the movie industry asks a court to order a website to remove links to other sites that review movies and provide unauthorized (complete) copies of the movies for downloading. Give arguments for each side. What do you think the decision should be? Why? Suppose a religious organization asks a court to order a website to remove links to other sites that have copies of the organization’s copyrighted religious documents and discussions of the religion’s doctrines. Give arguments for each side. What do you think the decision should be? Why? If your decisions are the same for both causes, explain what similarity or principle led you to that conclusion. If your decisions differ for the two cases, explain the distinction between the cases.
4f. Read the member agreement or policy statement of a website that hosts user videos. Give the name and the Web address of the site you chose, and briefly describe it if it is not a well-known site. What does its statement say about posting files that contain or use works of others without authorization?
Explanation / Answer
4a. What are the four factors to consider in deciding whether a use of copyrighted material is a fair use?
Answer:
Whether your use of copyrighted material is fair use or not depends upon the four factors detailed in the Copyright Act. More importantly, fair use is determined by balancing all of these factors in relation to the use.
The four factors include:
4c. Your uncle owns a sandwich shop. He asks you to right an inventory program for him. You are glad to help him and do not charge for the program. The program works pretty well, and you discover later that your uncle has given copies to several friends who also operate small food shops. Do you believe your uncle should have asked your permission to give away your program? Do you believe the other merchants should pay you for the copies?
Answer:
If a copy of an application you’ve worked so hard were distributed with a bunch of people, I guess most people would say that you should those copies be paid. But since it did specify in the question that those copies were given by your uncle to his friends and that they only operated small food shops. Giving them a copy won’t hurt.
Also, it did say that you wrote that program for your uncle. It’s just like saying that you’re giving it to him and giving him the right to do whatever he wants to that program.
However, those people who received a copy of your program should consider the effort and time you gave in writing that inventory system. A small donation from them would probably much be appreciated.
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