Bad faith: Lying, cheating, or otherwise acting in bad faith in order to gain access to the work you use makes your use of that work less likely to be fair.If you will be using a work in more than one context (e.g., including an image in your dissertation and later in a published book), keep in mind that this subfactor’s impact can change. Because Penn State is a non-profit, uses in university work are generally not commercial. Commercial purpose: If a use is for commercial purposes, that weighs against fair use.The first factor is one of the most important of the four factors. First Factor: Purpose and Character of the Use The subfactors must all be weighed together. On its own, no individual subfactor guarantees that a use is fair or is not fair. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.Įach of the four factors has subfactors that influence how the factor weighs in favor of or against fair use. the effect of the use upon the potential market for or value of the copyrighted work.the amount and substantiality of the portion used in relation to the copyrighted work as a whole and.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include. The statute lays out four factors to consider in deciding whether a particular use is fair. Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “ criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, research.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be fair. 2.4 Fourth Factor: Effect on the Market.2.3 Third Factor: Amount and Substantiality.2.2 Second Factor: Nature of the Copyrighted Work.2.1 First Factor: Purpose and Character of the Use.
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