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This framework lists five key steps to apply to any copyright problem. Use steps in the order listed to clarify essential components of a copyright problem. The "Framework" is by Anne Gilleland (UNC), Lisa Macklin (Emory) and Kevin Smiith (Duke), and used in compliance with a CC BY-SA 4.0 license.
"Limitations on Exclusive Rights: Fair Use"is found in Title 17, Chapter 1, Section 107 of the U.S. Code. Fair Use of a copyrighted work limits the exclusive rights of copyright holders (e.g. authors, artists, creators), outlined in Section 106, for purposes such as:
multiple copies for classroom use
parody or other transformative purposes
Codes of Best Practice in Fair Use & Trusted Copyright Sites
In determining whether the use of a work is a Fair Use, consider these four factors:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
You must consider all four factors together when evaluating the fair use of a copyrighted work.
Important Fair Use litigation since the 1990s shows that judges return again and again to two key analytical questions:
Transformative Use: Did the use "transform" the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original, or did it just repeat the work for the same intent as the original.
Nature and Amount of Material Used: Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use.