Section 107 of the U.S. Copyright Act details the four factors used to determine the fair use of copyrighted materials.
- the purpose and character of the use, including whether such use is of a 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; and
- the effect of the use upon the potential market for or value of the copyrighted work.
We will be using these over the next few weeks in discussing cases.
[...] under fair use, it has to either fit into a specific exception or fit under an analysis using the 4 fair use factors of 17 USC Section 107. Even if under an exception, if particularly willful, some courts will still apply the 4 factor [...]