Fair Use Factors
1.
Purpose and Character of the Use
a.
This considers whether the use is of a commercial nature or is for nonprofit educational purposes. b.
Transformative uses (those that add new expression, meaning, or message) are more likely to be considered fair use.
i.
In reality, this factor actually weighs the heaviest
. If you check out on this one, you have a relatively high chance in court's ruling in your way in that your use was fair use. 2.
Nature of the Copyrighted Work
a.
This involves considering the type of the copyrighted work used. b.
Using a factual work like a non-fiction book is more likely to be seen as fair use compared to a highly creative work like a novel or a movie.
3.
Amount and Substantiality of the Portion Used
a.
This factor looks at the quantity and value of the copyrighted material that was used. b.
Using a small, non-essential part of a work may favor fair use, especially if the portion used is not considered the "heart" of the work.
4.
Effect on the Market
a.
This considers the effect of the use on the potential market for, or value of, the copyrighted work. b.
If the use could negatively impact the sales or potential market of the original work, it is less likely to be considered fair use.
5.
ADDITIONAL: Credit
Safe Harbor of Fair Use
1.
"Am I using the material to support a new and original point?"
a.
This question focuses on the purpose and character of your use. It checks whether your use adds something new or is for a different purpose than the original work. The more transformative your use is (meaning it adds new expression, meaning, or message), the more likely it is to be considered fair use.
2.
"How much of the material do I use, and is this amount necessary for my purpose?"
a.
This relates to the amount and substantiality of the portion used. It's important to use only what is necessary to achieve your purpose. Using a small, non-central portion of a work, especially if it's not the "heart" of the work, is more likely to favor a fair use claim.
3.
Is the point clear to the average viewer?
