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Line 22: − + + + − Courts almost never rule against fair use for educational uses. The exception comes when the goal is to avoid students' buying multiple copies of a textbook or similar item.
→U.S. law: add missing )
:<br>The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
:<br>The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
''In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work.'' (Folsom v. Marsh, 9 F. Cas. 342 (1841)
''In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work.'' (Folsom v. Marsh, 9 F. Cas. 342 (1841))
Courts almost never rule against fair use for educational uses. The exception comes when the goal is to avoid students' buying multiple copies of a textbook or similar item.
==Right of fair use==
==Right of fair use==
Most commentators have considered fair use a "right" (Federal law refers to "the right of fair use")<ref> see section 108 of US Code at [http://www.copyright.gov/circs/circ21.pdf]</ref>. , so the debate is not on abolishing it but on limiting its applicability. Some large copyright owners, especially those associated with the commercial music and film industry, argue that fair use should not be used with their products. "There is constant tension between those who argue that the fair use defense should be expanded, allowing the use of copyrighted works for free with no strings attached, and those who want to shrink the definition so they can more profitably exploit their copyrights, trademarks and patents," concludes Hollywood reporter Brooks Boliek.<ref> Brooks Boliek, "'Fair use' folk confront Hollywood," ''The Hollywood Reporter'' Sept 13, 2007 online at [http://www.hollywoodreporter.com/hr/content_display/business/news/e3ib5be56a7498cb10ef3497d7273981da1]</ref>
Most commentators have considered fair use a "right" (Federal law refers to "the right of fair use")<ref> see section 108 of US Code at [http://www.copyright.gov/circs/circ21.pdf]</ref>. , so the debate is not on abolishing it but on limiting its applicability. Some large copyright owners, especially those associated with the commercial music and film industry, argue that fair use should not be used with their products. "There is constant tension between those who argue that the fair use defense should be expanded, allowing the use of copyrighted works for free with no strings attached, and those who want to shrink the definition so they can more profitably exploit their copyrights, trademarks and patents," concludes Hollywood reporter Brooks Boliek.<ref> Brooks Boliek, "'Fair use' folk confront Hollywood," ''The Hollywood Reporter'' Sept 13, 2007 online at [http://www.hollywoodreporter.com/hr/content_display/business/news/e3ib5be56a7498cb10ef3497d7273981da1]</ref>