Four Factors of Fair Use – First Factor: The Purpose and Character of the Use

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The first factor of fair use centers around why you are using the portion of copyrighted material, and what you want to do with it. The courts generally favor, and it is written into the fair use statute, that nonprofit educational uses are favored over a commercial use of the copyrighted material. Courts also tend to favor transformative use, so when weighing this factor, think about whether or not your use is transformative. Types of … Read more

Four Factors of Fair Use – Second Factor: The Nature of the Copyrighted Work

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When assessing the second factor of fair use, think about the work itself. Courts tend to favor factual works over more highly creative works as a fair use. So an original poem or short story would garner stronger copyright protections from the courts than a factual article on the etiology of diabetes mellitus. Courts are typically more protective of creative works (art, poetry, film) than non-fiction works. In the same way, courts have favored published … Read more