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Determine whether or not existing fair use exceptions strike an appropriate

balance between creators and users of the material. Provide two (2) specific examples to support
your response.
Determine whether

The fair use doctrine is copyright claims, which are based on the notion that the free flow of
ideas at times requires quoting or otherwise borrowing from a copyrighted work. This can
happen, for example, when critics review books, when news reporters use video clips, or when
teachers make copies of articles for classroom use However, under the copyright act, for this
claims to be valid the courts must take into consideration four factors; (1) the purpose and
character of the use, including whether such use is of a commercial nature or is for nonprofit
educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantial of
the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon
the potential market for or value of the copyrighted work. Notably, the provisions introduction
identifies some of those non-commercial purposes targeted by the fair use doctrine: (Halbert &
Ingulli, 2015, p.324).
I believe that the courts balance out the fair use doctrine because reports, educational institutions
and research entities utilize copyright works on a daily basis to be inspired by their own personal
work or educate people about different events that have occurred in the past or to discuss history.
Another example to support my point of view is the case of Perfect 10 Inc. V. Giganews, Inc.
Giganews owns and operates several Usenet servers and supports its sub

This case arises from a copyright dispute revolving around the Usenet. Giganews owns and
operates several Usenet servers and provides its subscribers with fee-based access to content
stored on its own servers as well as content stored on the servers of other Usenet providers.
Livewire provides its subscribers with access to the Usenet content stored on Giganewss servers.
Perfect 10, owner of exclusive rights to tens of thousands of adult images, filed suit against
Giganews and Livewire, alleging direct and indirect copyright infringement claims as well as
trademark and state law claims. The copyright claims are at issue in this appeal. The court
concluded that the district court did not err in requiring Perfect 10 to satisfy the volitional
conduct requirement as an element of a prima facie case of direct infringement, and agreed with
the district court that Perfect 10 failed to prove volitional conduct with respect to either
Giganews or Livewire. The court concluded that the district court did not err in dismissing much
of Perfect 10s direct infringement claim at the pleadings stage, nor did it err in granting
summary judgment in favor of Giganews and Livewire on the direct, vicarious, and contributory
infringement claims; concluded that the district court did not abuse its discretion in awarding
fees to defendants and denying defendants supplemental fee request; and held that the district
court did not clearly err in refusing to add Perfect 10s sole shareholder and founder, Norman
Zada, to the judgment against Perfect 10.
Perfect 10, Inc. v. Giganews, Inc. (2017). Retrieved from