Michelle Cooper, J.D.
On Section 107, Fair Use:
Four factors are key:
Purpose of the Work
Nature of the Work
Amount Used
Effect on the Market
More:
1. Purpose of the work, especially if you want to make money (commercialize it)
is critical
2. Nature of the work--especially parodies--determine fair use. Parodies are pretty much allowed
3. Amount used--this is particularly tricky now, and leads to
4. Effect on the Market for the foundation work
These four factors are the "tool kit" of Fair Use.
FInal thought: "Fair Use is a law professor's dream"--so many scenarios can be made,
full of gray areas.
Fair Use: "You'll be able to know it when you see it."