Final answer:
To determine fair use under Section 107, one should analyze the purpose and character of the use and the amount and substance of the content used. Fair use often favors educational, critical, or commentary uses, and takes into account the portion of work used and its significance to the original.
Step-by-step explanation:
According to Section 107 of the Copyright Act, the factors that should be analyzed to determine whether the use of a copyrighted work is fair use include checking the purpose and character of the use and the amount and substantiality of the content taken from the material. When considering fair use, it is crucial to evaluate things like whether the use is for educational purposes, criticism, or commentary, which often leans towards fair use. Additionally, one must assess how much of the work is used and whether that portion is significant or central to the original work, as excessively using or using the "heart" of the work may not be considered fair use.
These considerations are especially pertinent when dealing with visual and digital media, where copyright issues, appropriate selections, and technical manipulations come into play. Understanding the licensing permissions, such as CC BY-NC-ND licenses, is essential because they define how a work can be used, including restrictions on alterations and requirements for reproduction. Verifying these permissions ensures compliance with copyright laws and ethical use of copyrighted materials.