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

Fair Use Defense - Eastside Movies Inc vs Manny Goldstein - Case Study ExampleUnder the four-factor test, it appears that Manny Goldstein may not successfully claim intermediate 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 go off bar a claim in copyright infringement four factors will be interpreted into account. Those factors include the purpose and character of the use. In this regard, it will be important to determine whether or not the use of the material was for commercial or not-for-profit educational purposes. Certainly, Manny Goldstein can pass this part of the test since he was conducting query as a media researcher and not for commercial purposes. He was looking to bone up 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 under 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 Goldsteins research. Again, Goldstein can succeed under this part of the fair use test. However, in ascertaining fair use, the account will also be taken of the amount and substantiality of the ascribe used in relation to the copyrighted work as a whole. Since Goldstein has make his copying device available on the internet, he has made it possible for the world at large to gain access to Eastsides movies and this would seriously undermine the companys 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).