MITIGATE FAIR USE ABUSE BY REPAGINATING 17 USC § 107 – Limitations on exclusive rights: Fair use:

16 Aug

It is a rule of thumb that people rarely read to the bottom of a page. I school people to read a page backwards- UP to TOP- to “get” the points they are missing. The eye is an Optic catching words by reversing the flow of the ‘read’, that are lost while reading in a flow. Reading in reverse makes words stand out as Individuals rather than being lost in the string of ‘tale telling.’

You want someone to see something, put it in their face where they cant miss it. In the marketing world, its called IDIOT PROOF MARKETING.

Repaginate.

Put Clause 4 where Clause 1 is; Clause 1 where Clause 3 is; Clause 3 where Clause 2 is and Clause 2 where Clause 4 is assuring that what WILL be seen by lawyers arguing issues of Fair Use is the first declaration that FAIR USE isnt when a Copyright Owner is denied Income/Commerce.

“… shall include-

(4) the effect of the use upon the potential market for or value of the copyrighted work

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work
from

“… shall include-

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

(2) the nature of the copyrighted work

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole;

(4) the effect of the use upon the potential market for or value of the copyrighted work

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

To review from beginning to end, the repaginated 17 USC § 107 – Limitations on exclusive rights: Fair use, will read:

“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

[1] the effect of the use upon the potential market for or value of the copyrighted work ( formerly (4))

[2] the amount and substantiality of the portion used in relation to the copyrighted work as a whole (formerly (3))

[3] the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (formerly (1))

[4] the nature of the copyrighted work (formerly (2))

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