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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

An online Philippine law review portal operated by a non-profit organization posts a 120-word excerpt from a recent investigative journalism article on its site to illustrate a point about press freedom in a module about media ethics. The article is not in the public domain, and no license or permission from the author or publisher was obtained. The module is publicly accessible and intended solely for educational discussion. (a) Identify the limitation on copyright applicable and state the governing rule. (b) Apply the four-factor test for fair dealing/fair use to determine if this use is permissible. Conclude briefly whether the portal is liable.

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The limitation applicable is incidental inclusion; the excerpt is merely embedded within a larger analytic discussion without being the primary purpose, so it qualifies as incidental. There is no limitation; the excerpt cannot be used without a license, and the portal would be liable for infringement. The limitation applicable is fair dealing for criticism or commentary; applying the four-factor test, the use is permissible because the excerpt is brief, the use is analytical, and it does not substitute for the original work or harm its market. The limitation applicable is public domain; government works/public domain status would permit use without license, but the article is not a government work and is not in the public domain.

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