What Conditions Must Be Met for a Defendant to Successfully

question 36

Essay

What conditions must be met for a defendant to successfully use the nominative fair use defense?

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Definitions:

Individual Decisions

Choices or judgments made by a single person as opposed to decisions made by groups or teams.

Programmed Decisions

Decisions that are routine and repetitive, made within the framework of company policies and procedures.

Reality Checks

Methods or situations that force an individual or group to consider the actual circumstances surrounding them, often dispelling illusions.

Semiprogrammed Decisions

Decisions that are made with a mix of established procedures and the judgment of the decision-maker, often used when faced with partially known circumstances.