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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

A state university uses in its online learning module a 260-word excerpt from a copyrighted contemporary novel to illustrate a narrative device. The module is accessible only to enrolled students for 60 days, hosted on the university's secure LMS. The novel is not in the public domain; no license from the author or publisher was obtained. (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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There is a fixed 300-word cap on permissible quotations; since the excerpt is 260 words, it is permissible. Online accessibility to enrolled students for 60 days transforms the use into a public communication beyond teaching, therefore it is not permissible under the limitation on copyright. Attribution alone is sufficient to make the use permissible; the mere fact of using a copyrighted text for teaching is allowed. The use falls under the teaching quotation limitation; the governing rule allows quoting copyrighted works in teaching so long as the excerpt is reasonably necessary to illustrate the point, properly attributed, and does not unduly prejudice the rights of the author or substitute for the original work; applying the four-factor test yields a permissible use; the university is not liable.

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