Section 107 of the U.S. Copyright law sets out four factors to be considered in determining whether or not a particular use is fair.
* The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
* The nature of the copyrighted work
* The amount and substantiality of the portion used in relation to the copyrighted work as a whole
* The effect of the use upon the potential market for, or value of, the copyrighted work
You don't have to prove all four factors. You just have to prove that the use is fair. For example, if I write a haiku and someone writes an article analyzing my haiku for educational purposes, the use may be considered fair, even if they use the entire poem.
officemonkey|12 years ago
Section 107 of the U.S. Copyright law sets out four factors to be considered in determining whether or not a particular use is fair.
* The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
* The nature of the copyrighted work
* The amount and substantiality of the portion used in relation to the copyrighted work as a whole
* The effect of the use upon the potential market for, or value of, the copyrighted work
You don't have to prove all four factors. You just have to prove that the use is fair. For example, if I write a haiku and someone writes an article analyzing my haiku for educational purposes, the use may be considered fair, even if they use the entire poem.