Commercial use of copyrighted material cuts against a finding of fair use. According to the U.S. Supreme Court, This standard does not require courts to make a clear-cut choice between two absolute choices — i.e., making a dispositive decision of whether a use is a "commercial" or "non-profit" per se. Rather, "the commercial nature of a use is a matter of degree, not absolute." This places the question of commercial use on a continuum between two extremes: (1) a use that serves a non-commercial purpose by a non-commercial entity charging no fee whatsoever, and (2) a use that serves a commercial purpose by a commercial entity deriving its revenue directly from a fee charged for the copyrighted material.
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| - Commercial use of copyrighted material cuts against a finding of fair use. According to the U.S. Supreme Court, This standard does not require courts to make a clear-cut choice between two absolute choices — i.e., making a dispositive decision of whether a use is a "commercial" or "non-profit" per se. Rather, "the commercial nature of a use is a matter of degree, not absolute." This places the question of commercial use on a continuum between two extremes: (1) a use that serves a non-commercial purpose by a non-commercial entity charging no fee whatsoever, and (2) a use that serves a commercial purpose by a commercial entity deriving its revenue directly from a fee charged for the copyrighted material.
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abstract
| - Commercial use of copyrighted material cuts against a finding of fair use. According to the U.S. Supreme Court, This standard does not require courts to make a clear-cut choice between two absolute choices — i.e., making a dispositive decision of whether a use is a "commercial" or "non-profit" per se. Rather, "the commercial nature of a use is a matter of degree, not absolute." This places the question of commercial use on a continuum between two extremes: (1) a use that serves a non-commercial purpose by a non-commercial entity charging no fee whatsoever, and (2) a use that serves a commercial purpose by a commercial entity deriving its revenue directly from a fee charged for the copyrighted material.
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