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Factor 2: The Nature of the Copyrighted Work The courts reason that copyright owners should have the right to determine the circumstances of first publication. Use of a work that is commercially available specifically for the educational market is generally disfavored and is unlikely to be considered a fair use.
The Copyright Acts exceptions and limitations found in sections 107-122 include fair use, the first sale doctrine, some reproductions by libraries and archives, certain performances and displays, broadcast programming transmissions by cable and satellite, to name a few.
They must demonstrate ownership of a valid copyright and provide evidence of unauthorized use by the defendant, including proof of access and substantial similarity between the works. Clear evidence is best in meeting this burden.
Distribution. The distribution right grants to the copyright holder the exclusive right to make a work available to the public by sale, rental, lease, or lending. This right allows the copyright holder to prevent the distribution of unauthorized copies of a work.
Rural Telephone Service Co., 499 U.S. 340, 361 (1991) (To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.); see also Seven Arts Filmed Entmt Ltd. v.
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There are three elements that must be in place in order for the infringement to occur. ​The copyright holder must have a valid copyright. ​The person who is allegedly infringing must have access to the copyrighted work. ​The duplication of the copyrighted work must be outside the exceptions.
In order to bring a copyright infringement claim, the plaintiff must prove that they hold the copyright interest through creation, assignment, or license. The plaintiff must also plead that the complaint is of an unlawful copy of the original element of the copyrighted work.

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