Commercial Nature Sample Clauses

Commercial Nature. [17] In evaluating the purpose and character of the use, the Court must also consider ‘‘whether such use is of a com- mercial nature or is for nonprofit edu- cational purposes.’’ 17 U.S.C. § 107(1). ‘‘The commercial/nonprofit dichotomy con- cerns the unfairness that arises when a secondary user makes unauthorized use of copyrighted material to capture significant revenues as a direct consequence of copy- ing the original work.’’ Am. Geophysical Union v. Texaco Inc., 60 F.3d 913, 922 (2d Cir. 1994). But ‘‘because ‘nearly all’ fair uses of copyrighted works are conducted for profit, the Second Circuit has cautioned that ‘the more transformative the new work, the less will be the significance’ of the commercial sub-factor.’’ Prince, 265 X. Xxxx. 3d at 382 (alteration omitted) (quot- ing Cariou x. Xxxxxx, 714 F.3d 694, 708 (2d Cir. 2013)). [18] Plaintiff argues that because the Met charges a general admission fee to out-of-town visitors to the museum, it is a commercial enterprise and therefore the use at issue is commercial, notwithstanding the Met’s status as a nonprofit organiza- tion.10 Pl. Sur-Reply at 2–3; see Def. Reply
Sample 1
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Commercial Nature. The parties hereto recognize this Agreement is of a commercial nature and will be construed in accordance with applicable commercial laws. All disputes, controversies or claims (Hereinafter singularly, "Controversy" and collectively, "Controversies") arising out of this Agreement shall be settled by binding arbitration pursuant to the following express procedure:
Sample 1
Commercial Nature. The Medidata Applications, Study Use Licenses and Medidata Services are business products and services, the application of which is commercial rather than consumer-oriented in nature. In executing this Agreement, the parties recognize, to the maximum extent permitted by applicable law, that the consumer protection laws in the Territory do not apply.
Sample 1

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