Identify each of the four factors used by courts to evaluate

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Reference no: EM133671425

Problem

Brianna Bootpickle started a website focused on Cincinnati and Ohio-based sports teams. She started the site to make a little side income to supplement her full-time job as a wedding photographer. The site makes money from advertisers who include ads on her site - these advertisers pay her a small amount of money each time someone comes to the specific page with an ad. The more visitors she has, the more Bootpickle gets paid. Bootpickle attends local sporting events, brings her camera, sits near the Fox Sports Ohio television cameras, and takes short videos of whatever game she's attending. When she goes home from the game, she scans through the videos she's taken and includes a few 30-second clips of important game events in her posts summarizing the game. The videos frequently show the biggest or most crucial plays of the game. She's found that the more videos she adds to her articles, the more people come to visit the site. Unfortunately for her, Bootpickle recently received a cease and desist letter from the Cincinnati Reds - man, they're a litigious bunch - asking her to stop posting videos from games, citing copyright grounds.

Task

A. Identify each of the four factors used by courts to evaluate whether publication of copyrighted material amounts to fair use.

B. Then apply each of those factors to the fact pattern above and advise whether you think Bootpickle's video publications amount to fair use.

Reference no: EM133671425

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