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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

A state university's online continuing education module includes a 180-word excerpt from a current investigative journalism article. The article is not in the public domain, and no license or permission from the author or publisher was obtained. The module is accessible only to enrolled students for 60 days and is intended for doctrinal analysis in a media-literacy course. (a) Identify the limitation on copyright applicable and state the governing rule. (b) Apply the four-factor test for fair dealing/fair use to determine if this use is permissible. Conclude briefly whether the university is liable.

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Not liable—the use qualifies as fair dealing for teaching; applying the four-factor test weighs in favor of permissible use. Infringing—the source is not in the public domain, and there is no license, so any use in an online module is infringement unless exempted by a specific exception. Infringing—the online module is accessible only to enrolled students, but the educational limitation does not cover online dissemination; the university is liable. Infringing—the excerpt is too long to be considered a 'reasonable portion' for teaching and the four-factor test fails because it may substitute for the original.

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