Fair use is a defense
to copyright infringement; it essentially makes allowable some instances
of copyright infringement, such as educational purposes or parody.
What makes fair use
difficult is that there is no brightline test or rule to apply in all
instances; it varies on a case-by-case basis. There are 4 main factors that
courts examine for fair use:
-Purpose and character
of your use (educational? commercial (i.e. to make money)? comment or
criticism? etc.);
-Nature of the
copyrighted work (more creative = more protection: fiction book gets more
protection than fact-based article b/c facts aren’t copyrightable);
-Amount and
substantiality of the portion used (how much of the work was used? does it go
to “heart of the matter?”); and
-Effect on potential
market (not just effect on current market. might someone use the infringing
work instead of something from the copyright owner?
This article is for
informational and educational purposes only. This should not be taken as a
substitute for legal advice. This does not create an attorney-client
relationship with anyone who reads it.
Source: Quora
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