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发表于 17-11-2018 11:38 AM
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drunkinrain 发表于 17-11-2018 10:57 AM
侵权就是侵权,除非人家不在意。
如果在意,五秒也不行,还几分钟。不管什么片。现在就只讲侵权。
他的作品属于fair use category, 他的官司是有机会赢的
Fair use is a complete defense to copyright infringement, however, whether it is properly relied upon is determined on a case-by-case basis. A court must consider the following four factors when determining whether the fair use defense applies:
Purpose and Nature of Use. Fair use is more easily established if a use of copyrighted material is "transformative," meaning the use adds something new, with a further purpose or different character. For example, a search engine's reproduction of copyrighted images as directive thumbnails was held to be transformative because it served an entirely different function than the copyright holder's use - improving access to online information versus artistic expression. In contrast, content is often posted on social media sites mainly for aesthetic or entertainment value.
Nature of the Work. Fair use is more difficult to establish when creative works, rather than informational or functional works, are copied. Courts are also more likely to protect copyrighted works that are unpublished, confidential, or out of print. Social media users post a wide range of content on social media sites – the specific work posted will determine whether this factor weighs for or against a fair use defense.
Amount and Substantiality of the Portion Used. As the amount of the copyrighted work used increases, the likelihood that the use will constitute a fair use decreases. Courts will also look at the nature of the copying, including whether the "essence" of the work was copied. Needless to say, there is no magic number.
Effect of Use Upon Market or Value. Fair use is more difficult to establish if the use of a copyrighted work tends to (i) diminish or prejudice the potential sale of the work, (ii) interfere with the work's marketability, or (iii) fulfills the demand for the work. Posting copyrighted material on social media sites could potentially do any of these three things. On the other hand, it could benefit the copyright holder by garnering visibility and increasing demand for the original work. |
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