2007-02-09_Newspaper_Articles_re_Healing_Our_Island_Website

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Mr. William Kenoi February 9, 2007 Page 4 teaching, scholarship, or research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 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 substantiality 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. All four factors must be considered together, and not in isolation, on a case-by-case basis. Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569, 114 S.Ct. 1164 (1994). H. Consideration of the Four"Fair Use" Factors in HOI's Posting of Newspaper Articles A. Factor#11: Purpose and character of use including whether such use is of a commercial nature or is for nonprofit educational purposes Factor#1 recognizes the commercial or nonprofit character of an activity. While not conclusive with respect to fair use, this factor should be weighed along with the other factors in fair use decisions. When the use of copyrighted material relates to issues of public concern, the scope of the fair use doctrine is wider, and "courts are free to consider the public benefit resulting from a particular use, notwithstanding the fact that the alleged copyright infringer may gain commercially." Sega Enterprises Ltd. v. Accolade, Inc. 977 F.2d 1510 (9th Cir.1992). In this instant HOI case, the website posted relevant newspaper articles about methamphetamine, ice, anti-drug and substance abuse news in Hawaii. Neither HOI nor the county received any monetary gain from the postings. Because substance abuse issues are matters of public concern, the posting of the newspaper articles were to inform and educate the public, and there was no monetary gain involved, it is likely this factor#1 weighs in favor of the county's "fair use" of the copyrighted newspaper articles.