Question: REALLY NEED HELP WITH THE FAIR USE ASSIGNMENT LISTED BELOW (Note: The scenario is located at the question and instructions) You are the judge in

REALLY NEED HELP WITH THE FAIR USE ASSIGNMENT LISTED BELOW (Note: The scenario is located at the question and instructions)

You are the judge in a fair use bench trial. Analyze the scenario provided and conduct a fair use evaluation using the four statutory factors below, and provide a written decision. In addition to analyzing the case for each of the four statutory factors, determine which factor is the most important and accordingly weigh the factors into your decision, and conclude by stating if the use is fair or infringing.

Fair Use: Statutory Factors

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (Is the use transformative?)
  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
  4. The effect of the use upon the potential market for or value of the copyrighted work

The scenario provided is based on real cases but may have had the facts significantly altered or omitted, so do not let your analysis rely on any actual court decisions

SCENARIO

Defendant TVEyes, Inc. (TVEyes) is a media-monitoring service that enables its subscribers to search for and track when keywords or phrases of interest are uttered on television or radio by recording the content of more than 1,400 television and radio stations and creating a searchable database of that content. TVEyes displays search and tracking results to subscribers by providing them with thumbnail images, snippets of transcripts, and short video clips. TVEyes does not store content longer than thirty-two days, but subscribers can independently save, archive, edit, and download an unlimited number of short video clips generated by the service. Subscribers can also email these clips directly to others, including non-subscribers. Additionally, TVEyes allows subscribers to access live-streams of television and radio programming as it is recorded. TVEyes is available only to businesses and not to the general public.

Plaintiff Fox News Network, LLC (Fox) claimed TVEyes infringed the copyrights to nineteen of Fox's programs by copying the programs, importing them into a searchable database, and making them available to TVEyes' subscribers to play, save, edit, archive, download, and share.

Was TVEyes use of Fox News' copyright-protected programming in the context of a media-monitoring service fair use?

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