RE: fourth fair use factor

From: Roland Cole <cole[_at_]spi.org>
Date: Fri, 27 Oct 2006 17:09:13 -0400


I think the "framing" decisions in effect did this, although not explicitly -- at least the fact that the P did allow "free viewing" did not bar a finding of infringement for framing that content.  

Roland J. Cole, J.D., Ph.D.
Director of Technology Policy
Sagamore Institute for Policy Research
340 West Michigan, Canal Suite B
INDIANAPOLIS IN 46202
317-727-8940; rollie@sipr.org; www.sipr.org <http://www.sipr.org/>  


From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Jessica R. Friedman Sent: Thursday, October 26, 2006 4:55 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] fourth fair use factor

Is anyone aware of a fair-use decision in which the court found that the fourth fair-use factor favored the plaintiff even though the plaintiff did not derive any monetary compensation from permitting people to reproduce its works? That is, the plaintiff permitted people to reproduce works from its Web site, but did not charge for the privilege?  

Jessica R. Friedman
Attorney at Law
757 Third Avenue
Suite 1903
New York, New York 10017
Phone: 212-220-0900
Fax: 212-973-9101
 <mailto:jrfriedman[_at_]litproplaw.com> jrfriedman[_at_]litproplaw.com  

For more information:
 <http://www.literarypropertylaw.com/> www.literarypropertylaw.com      

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Received on Sat Oct 28 2006 - 01:09:13 GMT

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