Answered By: Laura Sider Last Updated: Mar 09, 2017 Views: 25
It depends. Under the Fair Use Doctrine (an exception to a copyright holder’s exclusive rights) a person may use a reasonable portion of a copyrighted work for criticism, comment, news reporting, teaching, scholarship, or research. The smallest amount of the copyrighted work that gets your point across should be used. Undertake a fair use analysis of the four factors to determine if YOUR use is considered fair. The factors are:
- The PURPOSE and character of the use, whether it is commercial or nonprofit educational. Noncommercial educational uses tend to favor fair use.
- The NATURE of the work. Whether it is factual or creative. The more creative, the LESS it favors fair use.
- The AMOUNT and substantiality of the portion used in relation to the whole. Using the heart of the copyrighted work DISFAVORS fair use. Small portions or snippets favor fair use.
- The MARKET effect of your use of the work. Will your use have an impact on the creator’s ability to market his/her own work? If no effect, it favors fair use.