A copyrighted work may be reproduced without constituting copyright infringement if it is for a protected purpose and if it is fair use. In determining whether a use is fair use, four factors are considered.
Fair use is largely judicially-created, as it was created and defined before being codified in the Copyright Act and statutory law is not very specific about how to define it.
- Purpose and character of the use
- Commercial or non-profit?
- Nature of the copyrighted work
- Has it been transformed into something beyond the work itself?
- Fact-based works are more likely to be fair use than creative works
- Portion of the copyrighted work used
- Effect of the use on the market
- Hardest to determine
- Most important