Marvel’s images are very creative and therefore receive a lot of copyright protection. Since Marvel uses these images for advertising and other commercial purposes, the image is likely transformed enough when used as a virtual background for online learning. The main focus here is transformativeness, or whether the use of the copyrighted material changed its message and meaning, or changed its purpose. If the images were being used to advertise or make money, then fair use might not be as strong of a defense. These factors would likely lean in favor of a student using Marvel images (or any image, for that matter) as a virtual background for an online class because the images are being used for educational purposes, such as making the classroom more interactive and fun. The impact that the use of the copyrighted material will have on the copyrighted material’s economic potential. How much of the copyrighted material is used.Ĥ. How creative the copyrighted material is and the amount of protection it gets.ģ. Why and how the copyrighted material is being used.Ģ. To determine whether the use of a copyrighted material is considered fair use, one should look at the following factors:ġ.
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