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Fair Use

Fair use is a limitation to copyright set forth in 17 U.S. Code § 107 for purposes such as criticism and commentary. There are four factors of fair use, each of which must be considered in an analysis:

  • Purpose and character of the use
  • Nature of the work
  • Amount and substantiality used
  • Market effect

There are no bright-lines or blanket applications for fair use. The facts of each potential use must be evaluated against the four factors. If one aspect of the use changes, a new analysis should be done.

The best person to do a fair use analysis is the user. You understand the facts of the use and how the four factors apply better than anyone. There are several resources that can help you conduct a fair use analysis: