Fair Use Defense - Eastside Movies Inc vs Manny Goldstein Case Study

Fair Use Defense - Eastside Movies Inc vs Manny Goldstein - Case Study Example Under the four-factor test, it appears that Manny Goldstein may not successfully claim fair use.   While Goldstein may pass some parts of the four-factor test, it is very unlikely that he will pass each part.   The four-factor test provides that in determining whether or not the fair use defense can bar a claim in copyright infringement four factors will be taken into account.   Those factors include the â€Å"purpose and character of the use.†Ã‚   In this regard, it will be important to determine whether or not the use of the material was for commercial â€Å"or nonprofit educational purposes.†Ã‚   Certainly, Manny Goldstein can pass this part of the test since he was conducting research as a media researcher and not for commercial purposes.   He was looking to devise a system to run his DVD player on a computer running the Linux operating system.   The sole purpose was to copy parts of movies for his research on media effects.The remaining three factors unde r the four-factor test are the nature of the copyrighted work.   According to the facts, the copyright material is movies and this is directly related to Goldstein’s research.   Again, Goldstein can succeed under this part of the fair use test.  Ã‚   However, in ascertaining fair use, the account will also be taken of the â€Å"amount and substantiality of the portion used in relation to the copyrighted work as a whole†.   Since Goldstein has made his copying device available on the internet, he has made it possible for the world at large to gain access to Eastside’s movies and this would seriously undermine the company’s sales and income from these films.   This of course ties in with the fourth and final factor test which considers the impact on the market value. (Harper and Row v Nation Enterprise (1985).

Language & Levels Assignment Example | Topics and Well Written Essays - 750 words

Language & Levels - Assignment Example Additionally, without proper communication, the department will not be motivated to associate themselves in planning the objectives and goals of the organization. The management of communication and human resources are the questioned area when the firm is deficient despite having necessary tools. The second measurement is equipment. If the objectives and goals are well, designed and comprehended by the working team and are well motivated, but the firm is deficient, management need to revise the equipment and tools to see if they are corresponding to the productivity level. Another measurement is teamwork and the values of the organization. If the members of the department do not show a collaborative attitude towards one another, a crucial problem may arise in terms of assessing the interaction between the team members. The measurement used in out department to measure the effectiveness of the company is descriptive data. The goal of descriptive data is to describe. The numerical measures are used in telling the features about a collection of data. Some of the items that belong to descriptive data include average, kurtosis, and skewness. Conversely, in inferential data, there is use of representative subset of the population called the sample. Inferential data researched on the statistical sample (Menzefricke, 2 005). The recommendation for the organization inefficiency posted by one of my classmates is by balancing the internal process value, human relation value, rational goals value, and the open system value. The contextual and structural variables are associated with the above values. Additionally, the concern posted by another classmate on communication measurement, the organization needs to explain the goals of the company to the employs and set the kind of values that are well followed and understood by the employees. I would also suggest the company to