Intellectual Property.docx - Intellectual Property Tingting...

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Intellectual Property Tingting Liu There are four factors when fair use is asserted as a defense to a claim of copyright infringement. The first factor is the purpose and character of the copier’s use of the copyrighted work. More specifically, those purposes include “criticism, comment, news reporting, teaching, scholarship or research.” And these are all purposes for the majority of copiers. The second fair use factor leads attention to the nature of the copyrighted work. For Google Book, whether the work is published or unpublished should be considered as part of the nature work, which means Google Book has protected all authors. The third fair use factor considers the amount and substantiality of the portion of the taking in relation to the work. Moreover, these factor does not only consider the quantity but also quality, which means Google Book has protected all resources. The fourth factor considers the effect of the use upon the potential market for or the
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