![]() Courts have sometimes made an exception under this factor in cases involving parodies. Uses that harm the copyright owner’s ability to profit from their original work are less likely to be fair uses. The effect of the use upon the potential market for, or value of, the copyrighted work However, if it's the “heart” of the work, even a small amount may weigh against fair use in some situations.Ĥ. ![]() The amount and substantiality of the portion used in relation to the copyrighted work as a wholeīorrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. Using material from primarily factual works is more likely to be fair than using purely fictional works.ģ. Commercial uses are less likely to be considered fair, though it’s possible to monetize a video and still be fair use. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposesĬourts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original.
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