There are four factors used to determine if a copyrighted work can be considered "fair use":
| Purpose and character of the use |
Nonprofit educational purposes more likely fair use |
| Nature of the copyrighted work | Factual works more likely fair use than creative works |
| Amount and significance used relative to the entire work |
Smaller portions more likely fair use than larger |
| Impact on potential market for the work | Little or no market impact more likely fair use than uses which interfere with potential markets |
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