Welcome to the Hardcore Husky Forums. Folks who are well-known in Cyberland and not that dumb.
Premium content from other sites
We want to be respectful to the premium content of other sites, be it *******.*** or anyone else for that matter. Do not post it here. You can summarize it if you wish to comment on it, but no cut-n-paste.
-1 ·
Comments
Only if you want attorney Oscar Zeta Acosta after your ass. He's not into serious street-fighting, but hell on wheels in a bar brawl.
1) the purpose and character of the use, including whether such use is of a 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; and
4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[4]
The four factors of analysis for fair use set forth above derive from the opinion of Joseph Story in Folsom v. Marsh ,[5] in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own.[6] The court rejected the defendant's fair use defense with the following explanation:
[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, and substitute the review for it, such a use will be deemed in law a piracy ...
In short, we must often ... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work.