How many factors are considered when determining if a use qualifies as fair use?

The determination of whether a use qualifies as fair use is based on four factors established by the Copyright Act. These four factors are essential in evaluating whether a specific instance of use is permissible under the fair use doctrine.

The first factor assesses the purpose and character of the use, including whether the use is commercial or educational, and whether it transforms the original work by adding new expression or meaning. The second factor evaluates the nature of the copyrighted work, especially considering whether it is factual or creative in nature. The third factor looks at the amount and substantiality of the portion used in relation to the whole work, while the last factor examines the effect of the use upon the market for, or value of, the original work.

An understanding of these four factors allows for a nuanced approach to fair use, providing a framework for courts and individuals to analyze specific cases. This thorough consideration of each factor ensures that fair use is not a blanket allowance but instead a careful assessment of the situation.