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Fair use applies to certain limited uses in cases of criticism, comment, news reporting, teaching, scholarship, and research. The "four factors" are:
- The purpose and character of the use, including whether such use is of 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
- The effect of the use upon the potential market for, or value of, the copyrighted work
The factors are taken as a set; in addition, the courts have recently placed emphasis on the notion of "transformativeness," such as using a piece of film intended for entertainment, and transforming it into a commentary on society.
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