Question

Which three are factors a court judge will evaluate to resolve fair use disputes?

Answer 1

In the United States, the four factors that a court will evaluate to determine whether a particular use of a copyrighted work is a fair use are:

1. The purpose and character of the use, including whether the use is for a commercial or non-profit purpose, and whether the use is transformative (that is, whether it adds something new to the original work or uses it in a way that is significantly different from the original).
2. The nature of the copyrighted work, including whether it is a creative work (such as a novel or a painting) or a factual work (such as a news article or a scientific paper).
3. The amount and substantiality of the portion of the work used in relation to the whole work.
4. The effect of the use on the potential market for or value of the copyrighted work.

These factors are often referred to as the "four fair use factors." In a fair use dispute, a court will consider all four factors and weigh them against each other to determine whether the use in question is a fair use.