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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:

  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  4. 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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