Monday, July 9, 2018

Nicholas 7/10 Qs

1. The argument for fair use centers around the four-factor test: the purpose and character of the use, the nature of the work itself, the amount of the work used in relation to the copyrighted work as a whole, and how much the new work impacts the potential market for the original work.

Do you think that this still a valid test for measuring fair use? What would be a good addition or modification to the four-factor test in today’s remix-heavy digital landscape?



2. The legal debates around remixes and borrowed content are complicated and often very confusing. They often depend more on copyright holders’ abilities to hire expensive legal teams than on anything actually related to the work itself.

If we set aside ideas of legality and only focus on the creative work, where do you think the boundary is between a “remix” and plagiarism?

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