Philippine Bar review · Question

Practice question: Fair Use

Multiple Choice Hard

Practice question

A course provider uploads an entire current textbook so students can avoid buying authorized copies. It claims fair use solely because access is free and the file is labeled research. Which is correct?
  1. The label automatically validates the upload
  2. Free access makes market effect irrelevant
  3. Research erases all rights
  4. The entire-work amount and substitution for authorized copies weigh against the asserted defense and must be analyzed with all factors
  5. Only the file extension matters

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html — RA 8293, sections 184.1(b), 185.1 factors and 185.2
  • https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html — RA 10372, section 12 amending section 185.1

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