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The statutory fair use factors: |
The statutory fair use factors: |
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1. "use is of a commercial nature or is for nonprofit educational purposes |
1. "use is of a commercial nature or is for nonprofit educational purposes", "use is transformative"<ref name=Fair_use>Wikipedia contributors, "Fair use," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Fair_use&oldid=1142830202 (accessed March 6, 2023).</ref><ref name=Transformative>Wikipedia contributors, "Transformative use," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Transformative_use&oldid=1137418480 (accessed March 7, 2023).</ref> Google (a dot com) engaged in transformative use of thumbnail images for its image search program which courts found was fairuse! |
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2. "whether it is fictional or non-fictional |
2. "whether it is fictional or non-fictional", "facts and ideas are not protected by copyright".<ref name=Fair_use/><ref name=Ideas>Wikipedia contributors,『Idea–expression distinction,』Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Idea%E2%80%93expression_distinction&oldid=1126166429 (accessed March 7, 2023).</ref> |
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3. not the "heart of the work", "an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law".<ref name=Fair_use/><ref name=Substantial>Wikipedia contributors, "Substantial similarity," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Substantial_similarity&oldid=1136304305 (accessed March 7, 2023).</ref><ref name=Transformative/> The thumbnail images used by Google for its image search program contain the "heart of the work" but being transformative were found to be fairuse! |
3. not the "heart of the work", "an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law".<ref name=Fair_use/><ref name=Substantial>Wikipedia contributors, "Substantial similarity," Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Substantial_similarity&oldid=1136304305 (accessed March 7, 2023).</ref><ref name=Transformative/> The thumbnail images used by Google for its image search program contain the "heart of the work" but being transformative were found to be fairuse! |
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Additional factors: |
Additional factors: |
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a. "acknowledgement of the copyrighted source |
a. "acknowledgement of the copyrighted source", attribution when available and any of the above free use factors including not the whole "copyrighted book without permission".<ref name=Fair_use/> The thumbnail images used by Google for its image search program do not contain any "acknowledgement of the copyrighted source", do contain a disclaimer that images may be copyrighted but being transformative were found to be fairuse! |
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==Exemption Doctrine Policies== |
==Exemption Doctrine Policies== |
2. Could you give examples of alleged copyright violation?
Def. some "text or a graphic in an electronic document that can be activated to display another document or trigger an action"[1] is called a hyperlink.
In general, using a hyperlink should work but as Wikipedia articles change rapidly in time, it may no longer contain its original content, for example:
Main article: Core promoter by
for the content: "The HY box is the core promoter element responsive to RUNX2 in the human gene COL10A1 promoter.[1] The responsive region ranges from -81 to -76.[1] The Runx2 site on the type X collagen promoter is required for canonical Wnt induction of col10a1.[2]" is no longer there but has been redirected to Promoter (genetics).
For the citation-generation tool to create a citation from any article, see Special:CiteThisPage and enter the page title. See the next section for an example of using citing the page with Fair use.
The statutory fair use factors:
1. "use is of a commercial nature or is for nonprofit educational purposes", "use is transformative"[2][3] Google (a dot com) engaged in transformative use of thumbnail images for its image search program which courts found was fairuse!
2. "whether it is fictional or non-fictional", "facts and ideas are not protected by copyright".[2][4]
3. not the "heart of the work", "an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law".[2][5][3] The thumbnail images used by Google for its image search program contain the "heart of the work" but being transformative were found to be fairuse!
4. "burden of proof here rests on the copyright owner", not "a direct market substitute for the original work" nor "a licensing market."[2]
Additional factors:
a. "acknowledgement of the copyrighted source", attribution when available and any of the above free use factors including not the whole "copyrighted book without permission".[2] The thumbnail images used by Google for its image search program do not contain any "acknowledgement of the copyrighted source", do contain a disclaimer that images may be copyrighted but being transformative were found to be fairuse!
See Wikipedia:Non-free content criteria. When fair use content meets the above criteria "When is fair use, free use", exemption doctrine policies no longer apply.
FYI: regarding point 3. above, United States fair use case law has established that fair use is "an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law".[2] Transformative use[3] with or without the "heart of the work",[5] an expressly authorized right is free use.
{{fair use}}
but may not be free use or {{free media}}
except when used as a thumbnail. Exemption Doctrine Policies may also not apply to such an image because of the permission restriction, but the image is free for non-commercial uses such as education, teaching and research, and likely free for commercial use as a thumbnail when it appears in a resource.