Answered By: Paige Mann
Last Updated: Feb 18, 2019     Views: 105

Each time you're faced with this decision, consider these four factors of fair use. You may use a copyrighted work or a part of a copyrighted work as long as you can make a case for fair use weighing all four factors in your determination.

  1. The purpose and character of the use -- Nonprofit, educational, and transformative use of a work makes for a stronger argument.
  2. The nature of the copyrighted work -- Using factual works is considered more fair than using highly creative works; using non-commercial works is considered more fair than using commercial works.
  3. The amount and substantiality of the portion used -- Using smaller amounts of a copyrighted work is more fair than using larger amounts or the "heart" of a copyrighted work.
  4. The effect of the market or value of the copyrighted work -- Do the first three factors indicate that there will be an effect on the market of the copyrighted work?

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