Please use legal reasoning (FIRAC) to respond to this question:
Duplos College Bookstore compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials include texts published by Ebooks, Inc. Duplos does not obtain the permission of Ebooks, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Ebooks and others file a suit against Duplos, alleging infringement of their intellectual property rights.
This assignment asks you to apply the defense of "Fair Use" to allegations of copyright infringement .
Facts:
- Bookstore copies Ebooks material
- Without permission of the copyright holder
- sold to students
Issue:
Whether Duplo infringed Ebooks copyright
when it copied compiled and sold Ebooks copyrighted material?
Rule: Fair Use
Is a defense to copyright infringement when used for teaching. (Review the chapter on limitations of fair use, one of which is impact on commercial "value:" of copyright material
Analysis:
- Teaching yup
- Negative commercial impact
Conclusion:
Yes Duplo infringed Ebooks copyright when it copied compiled and sold Ebooks copyrighted material