“College Scholastic Ability Test”
摘要
For a quotation to be legitimate, the quoted work must serve as a complement, example, or resource within the quoting work and must remain subordinate thereto. Additionally, the legitimacy of the quotation must be assessed comprehensively, considering factors such as the purpose of the quotation, nature of the quoted work, extent of use, method or incorporation, public perception, and potential market impact. In determining whether an act of use of a work constitutes fair use within the meaning of Art. 35-3 (now 35-5), Sec. 1 of the Copyright Act, the following factors must be taken comprehensively into account: The purpose and nature of the use (No. 1); The nature of the work used (No. 2); The proportion and significance of the used portion of the work to the work as a whole (No. 3); And the effect of the use of the work on the current or potential market value of the work (No. 4). Other factors, such as the circumstances and methods of use, may also be considered in determining fair use. Regarding factor No. 1, consideration may be given, inter alia, to whether the use goes beyond mere substitution of the used work and transforms it to provide a new expression, meaning, message and so on; whether the degree of transformativeness in the using work is greater than that required for the mere preparation of a derivative work; and whether the use is for public benefit or non-profit. Regarding factor No. 2, consideration may be given, inter alia, to whether the used work is of a factual or informational nature and whether it has been published or made available to the public. Regarding factor No. 3, the quantitative proportion or qualitative significance of the used part in the entire work used is to be considered as well as whether the use is within the necessary scope. Regarding factor No. 4, consideration should be given to whether the use of the work is likely to not only replace the current market demand for the used work or whether the secondary work poses a risk of undermining the market value of the used work. Even if an educational institution or other entity supporting the educational institution uses a work to achieve the purpose of school education, it is obliged to pay remuneration to the rightsholder, and educational institutions are required to take necessary technological protection measures, such as copy protection measures, to prevent the infringement of copyright and related rights when making a part of a work available to the public.