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fair use is a defense against a claim of copyright infringement and it lays out situations in which you do not need to get a copyright owners permission to use their material fair use means you can use existing copyrighted content in new ways that provide value beyond the original there are four factors that determine fair use the purpose and character of the use this is a test between commercial nature versus a non-profit educational net purpose the nature of the work the amount and substantiality of the portion used in relation to the copyrighted work as a whole and the effect of the use on the potential market or value of the copyrighted work whats important to know about fair use is that fair use is based on fairness and its based on a case-by-case basis so that means that there is no bright-line rule and that each case falls on its own facts and in fact the Supreme Court has made it clear that all factors must be considered in any given case fair use does not allow you to steal