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Everyone's notion of ownership is determined by the use factor".
The "Fifth" Fair Use Factor: Are You Good or Bad?
The fourth and most important fair use factor also favors Galoob.
The Pittsburgh hospital began requiring that doctors who wanted to use Factor VIIa get permission from a hematology consultant.
For these reasons, this Court concludes that the second fair use factor weighs in favor of a finding of fair use.
The fourth fair use factor is "the effect of the use upon the potential market for or value of the copyrighted work". 17 U.S.C. § 107.
See generally Comment, The Stage of Publication as a "Fair Use" Factor: Harper & Row, Publishers v. Nation Enterprises, 58 St. John's L.Rev.
While MDS' commercial motive alone is compelling, the lack of any transformative aspect to the infringement is dispositive of the first fair use factor.
In considering the third fair use factor, courts must evaluate the qualitative aspects as well as the quantity of material copied.
Under the district court's analysis, the third fair use factor would always and unfairly favor the original copyright owner claiming no fair use.
Dr. John R. Hess, a professor of pathology and medicine at the University of Maryland and a physician at its Shock Trauma Center in Baltimore, said the Army was right to use Factor VII aggressively.
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