Monthly Archives: February 2017

Assessing the fourth factor of fair use can be the trickiest, because one needs to consider existing and potential markets for the work, including secondary markets, which might include translations, movie rights, or images on mouse pads or coffee mugs. … Continue reading →

The third factor of fair use concerns itself with the amount of material used from a particular work. Have you used only what you need to achieve your purpose? Can you achieve your purpose without it, or with less? Is … Continue reading →

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 … Continue reading →

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 … Continue reading →

It’s Fair Use Week, and I’m going to be blogging for the week on the four factors of fair use. When is a use fair? How much of a work can I use? What should I think about when I’m … Continue reading →