On Oct 4, 2007, at 1:31 PM, Lavolta Press wrote:
FACTOR 4: If this kind of use were widespread, what effect would
it have on the market for the original or for permissions?
It can have a great deal of effect. Bear in mind that the
copyright owner has a much better grasp of the effect on sales than
the copyright violator, and the copyright owner can present that
evidence in court.
I stated at the beginning that I was using the UT test as an example.
Go back and read <http://www.utsystem.edu/OGC/IntellectualProperty/
copypol2.htm#test>.
Then come back with answers again, or with citations explaining how
the analysis of their general counsel (who is trying to give their
faculty as much freedom as possible while avoiding litigation) is
incorrect.
andy
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