Stuff I've Learned

Question 1

What are the four factors for Fair Use in the United States?

Answer 1

Should someone claim that their copyright has been infringed, the court can reduce the amount of money damages if the alleged infringer can show that they understood the fair use analysis and made a good faith determination that their use was fair. This is only applicable in the US but could be used as a persuasive argument for something else.

1. Purpose and Character: Is the infringer using the work for profit or for education? Tipping factors such as teaching or research should be combined with factors from other columns to determine the balance.
2. Nature of Work: Is it fact or fiction, published or unpublished?
3. Amount: How much of the work is being used? Is the amount being used the heart of the work?
4. Market Effect: How does the intended use impact the market? Major impact favors asking for permission to use.

Specific factors