What are the four factors of fair use?

Can you explain what the four factors of fair use are?

Sure! The four factors of fair use are: 1) Purpose and character of the use, 2) Nature of the copyrighted work, 3) Amount and substantiality of the portion used, and 4) Effect of the use on the market for the original work.

Can you elaborate on the first factor?

Absolutely! The first factor considers whether the use is for commercial purposes or for nonprofit educational purposes. Nonprofit uses are more likely to be considered fair use.

What about the second factor?

The second factor looks at the nature of the copyrighted work. Creative works are less likely to be fair use compared to factual works, as the law tends to favor the protection of creative expressions.

How do the other two factors come into play?

The third factor examines how much of the work is used. Using a small portion is more likely to be fair use. The fourth factor assesses the impact on the market; if the new use harms the market for the original, it’s less likely to be fair use.