Sentences with phrase «fair use factors»

It is possible that a particular fan work could be sufficiently transformative and well - aligned with the four fair use factors to qualify as fair use, but there's no way to know until it is the subject of legal action and a judge assesses the case.

The GSU policy includes a «fair use checklist» that is based on the four fair use factors in 17 USC § 107.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

Each case is considered on its own, and the four fair use factors must be reviewed and applied to each excerpt.

(applying the first fair use factor).

Not exact matches

Part of what makes fair use cases so difficult is that there are multiple factors a court has to consider: One is the nature of the work (i.e., whether it is a commercial work), the second is the purpose of the use — specifically, whether it is «transformative» — the third is the amount of the original work used, and the fourth is the effect of the use on the market for the original product.

Well to be fair, a big problem with homebirth in the US is that they don't always fit the «comparable risk» factors she uses.

Second, the environmental tradeoff between cloth diapers and disposables is so slight, and so hard to discern, that a fair analysis must take into account such relatively minor factors as the water and pesticides used to grow the cotton; the gas burned by the delivery truck; and the electricity and water used by parents who clean the diapers themselves.

To bump up the flavor and health factor of this latte, I used ZICO's new Organic Fair Trade Coconut Water as my base for the coffee portion of this latte, which has just one ingredient: 100 % natural coconut water (no added sugar).

Fair use relies on factors that can only be determined on a case - by - case basis, usually in a court of law.

Basis Policy Research and ATI have built a partnership supporting the fair evaluation of educator effectiveness by implementing mathematical models that include multiple measures of student growth and which evaluate educator effectiveness using techniques that take into account a variety of factors that may impact student learning but over which the teacher has no influence.

An understanding of the concept of fair use of copyrighted material is a key factor in determining what may or may not be copied.

For example, section (D)(2)(ii) of the Race to the Top application (U.S. Department of Education, 2009) asks states to «design and implement rigorous, transparent, and fair evaluation systems for teachers and principals that... differentiate effectiveness using multiple rating categories that take into account data on student growth... as a significant factor» (p. 34).

While word count itself isn't the sole determining factor of fair use, you should definitely be looking at the total number of words, not the amount of words used in a single instance of quoting.

The precise formula used to derive your FICO score — the most widely used credit score — remains unknown; however, Fair Isaac Corp., which generates FICO scores, has said five factors go into your score:

Your credit score, also known as your FICO (Fair Isaac Corporation) score, ranges from between 300 and 850, and is calculated using the following factors:

The Equal Credit Opportunity Act and the Fair Housing Act identify a number of factors that are illegal to use in evaluating a prospective applicant's qualifications: race, color, religion, sex, national origin, marital status, age (provided the applicant has the legal capacity to contract), source of income derived from public assistance, handicap, familial status (families with dependents under age 18).

ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection agencies and junk debt buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources

Its proprietary formula is closely guarded, but in the interest of corporate responsibility and public relations, Fair Isaac has released information on the following factors they use in order of the weight they carry in the overall tabulation of scores, and therefore, the factors that are given priority in related credit repair services:

Although the exact formula used by the Fair Isaac Corporation, which compiles the score, is proprietary and not publicly disclosed, here's basically what it looks at, and how each factor is weighed:

The fair value team takes into account the relevant factors and surrounding circumstances, which may include: (i) the nature and pricing history (if any) of the security; (ii) whether any dealer quotations for the security are available; (iii) possible valuation methodologies that could be used to determine the fair value of the security; (iv) the recommendation of a portfolio manager of the fund with respect to the valuation of the security; (v) whether the same or similar securities are held by other funds managed by the Adviser or other funds and the method used to price the security in those funds; (vi) the extent to which the fair value to be determined for the security will result from the use of data or formulae produced by independent third parties and (vii) the liquidity or illiquidity of the market for the security.

Personally, I suppose I fall on the side of Let's Plays having a good case for a fair use defense and that a lot of factors considered can be argued in favor of LPs.

Courts apply a four - factor test and consider all the circumstances — parody is a check mark in favor of fair use under one of the categories.

According to Emily - Jean Alexander, the fair's production co-ordinator, the fall in participants had nothing to do factors such as booth prices, which remained the same, but the decision to use the fair's «Focus «section to produce an artwork rather than host additional exhibitors.

Using an illusionistic and architectural approach, Chow's eight drawings recalled elements and narratives that one would encounter in everyday life, the unsettling factor of an elegance long forgotten, as if leaving the fair behind.

Other organizations who have made calculations of the US fair share of the remaining carbon budget using different equity factors have concluded that the US fair share of safe global emissions is even smaller than that depicted in the above chart.

Knog is using a crowdfunding campaign on Kickstarter to launch its new bell, and based on how quickly this campaign hit and surpassed its initial goal (by a factor of 10), the Oi appears to have struck a chord with a fair number of other cyclists.

Regarding whether any individual reproduction is fair use, I'd go back to the other factors.

- Attribution makes a claim of fair use marginally easier to defend, because a failure to attribute would weigh heavily against you in the «likely effect on the market for the work» factor.

Proper attribution in the postings, plenty of your own work trying to solve it, possibly even your rephrasing of the original, and your genuine non-commercial interest would all be factors tending to make it look like fair use.

Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.

There are several factors to determine whether a use is fair - use, including the purpose and character of how it is being used, the extent of the work being used, the nature of the underlying work, and the monetary effect on the market.

Alarmingly, distracted driving is often cited as a contributing factor in these car crashes, and the SRT has even seen it's fair share of wrong - way accidents in its first 10 years of use.

In order to claim a given application as fair use of a protected work, four factors need to be taken into account:

It is a factor in analyzing fair use.

But it seems to me, without having given it the thought it deserves, that this explicit and targeted copying, so far from being a factor in support of a fair use exemption or implied licence as WebCite argues, would be simply a direct violation of copyright.

Really, only the copyright owner can stand up and tell us when he thinks a quotation goes beyond fair use, and then a judge has to decide who is right based on some factors that are known, but unpredictably interpreted, case by case.

The Criminal Code does not explicitly list mitigating factors which judges should use to determine the fair sentence in a particular case.

Dan Lewis argues that not everything is fair use and analyzes the AP test under the four factors of the fair use test, concluding that AP's position is plausible.

There are many factors that go into a fair use determination and none of them are controlling in the usual case.

In the United States, fair use is determined by a four - factor test: the purpose of the use, the nature of the copyrighted work, the amount used, and the effect of the use on the market for the original.

It analyzes the four statutory factors used to determine fair use to conclude that they do not apply.

Notwithstanding the similarly between the six factor analysis it adopted and the four factor statutory fair use analysis, CCH does not stand for the proposition that US case law is necessarily binding.

There are 4 plus factors recognized in the fair use defense, where the fact - finder would somehow «take into consideration» these factors: purpose and character (non-profit, teaching, exegesis all in your favor), nature of the work (equations implies science hence facts, being factual favors fair use), amount and substantiality (not in your favor, if you're paraphrasing a whole book), and effect on market.

These describe how to evaluate witness testimony, burdens of proof, and the four - factor fair use test, among other things.

Motive seems to be a major factor in the UK in determining if use is «fair» — if your intent is personal financial gain, or if your reposting economically harms the copyright holder, you could be in hot water.

Would that be a factor in the analysis of the fair dealing / fair use issues?

For example, here's a fair use analysis related to email attachments; here's a more general discussion of the factors.

In that sense, the Court is right that the «heavy hitting» is done in wading through the six - factor analysis to determine whether the dealing is fair, which is consistent with a fair use approach.

Section 107 calls for consideration of four factors in evaluating a question of fair use: (i) the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes; (ii) the nature of the copyrighted work; (iii) the amount and substantiality of the portion used in relation to the copyrighted work as a whole and (iv) the effect of the use upon the potential market for or value of the copyrighted work.