fair use factors

PURPOSE AND CHARACTER OF

01 THE ALLEGED INFRINGING USE

Educational, scholarly, critical criticism,
commentary, and other artistic or
transformative uses will weigh in favor of
fair use, while commercial or more
verbatim copying will tip the balance in the
other direction.

AMOUNT AND SUBSTANTIALITY

02
OF THE PORTION TAKEN
This is where the idea that taking only a
small snippet is okay comes from. But in
reality, it's actually possible to take the
very heart of a piece without copying very
much of it at all.

NATURE OF THE ORIGINAL

03 WORK
If it's an artistic work, it's going to be
treated very differently than if the original
was something very commercial like a
billboard ad or a TV commercial jingle.

POTENTIAL IMPACT ON THE

04 MARKET FOR THE ORIGINAL

If there's no real market harm, this factor's
going to favor fair use. But if the market is
strong for this kind of thing, and the
copying looks like it's just a way to avoid
paying for rights or whatever, things are
going to come out differently in this
factor..

www.firemark.com