According to USC Title 17, Section 107, there are four traits to consider when deciding if something is actually under fair use law:
- Purpose And Character Of The Derivative Work.
- Nature Of The Copyrighted Work.
- Amount Of The Copyrighted Work Used.
- Effect On The Potential Market Of The Copyrighted Work.
MakeUseOf writer Joshua Lockhart attempts to explain these determining factors for fair use.
"All four of the above factors are taken into consideration when it comes to fair use, and I’m aware most of them are arbitrary. For the first three, use your gut, and I mean really use your gut. Don’t play the rationalization game. Usually, when you start rationalizing, you end up being wrong. The last one is pretty black and white when you get right down to it."
Read the full article here.