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The statutory factors do, however, provide substantial guidance to courts undertaking the proper fact-specific inquiry.
You may determine that an alternative control level is appropriate based on a careful consideration of the statutory factors.
You should then make individual BART determinations by applying the five statutory factors discussed in Section IV below.
Clear error has not been shown in the Court of Federal Claims' factual findings supporting the statutory factors of fair use.
In such a case, the source is not "subject to BART" and you do not need to apply the five statutory factors to make a BART determination.
It rejected any bright-line approach to resolving fair use cases and required that the four statutory factors be weighed together in light of the purposes of copyright, the promotion of learning.
Similar(39)
The fourth statutory factor therefore favors Castle Rock.
The second statutory factor strongly favors Connectix.
Thus, the second statutory factor favors the plaintiff.
17 of the copyrighted work, the fourth statutory factor?
Cf. Davis v. Gap, Inc., 246 F.3d 175, 175 (2d Cir. 2001) ("The second statutory factor, the nature of the copyrighted work..., is rarely found to be determinative".).
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