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fair use is a statutory defense against copyright infringement for purposes of criticism comment news reporting teaching scholarship or research however not all uses that seem fair are fair use for example a non-profit cant likely host an unauthorized viewing for the public of a documentary that supports the organizations policy goals fair use is judged by the totality of the circumstances considering four factors the factors are the purpose and character of the use including whether it was commercial in nature the nature of the copyrighted work the amount and substantiality of the portion used and the market effect you