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The fair use statute itself indicates that nonprofit educational purposes are generally favored over commercial uses. In addition, the statute explicitly lists several purposes especially appropriate for fair use, such as criticism, comment, news reporting, teaching, scholarship, or research.
Purposes mentioned in the statute: Using a work for any of the purposes mentioned in the statute, criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research, weighs in favor of fair use.
[T]he fair use of a copyrighted work . . . is not an infringement of copyright. Fair use gives users the right to use copyrighted material without permission under certain circumstances. If a use is fair, the user need not notify or seek permission from the copyright holder.
Understanding the Four Factors of Fair Use First Factor: Purpose and Character of the Use. Second Factor: The Nature of the Copyrighted Work. Third Factor: Amount and Substantiality of the Portion Used. Fourth Factor: Effect on the Potential Market for or Value of the Work.
The notion is that, even if the created work is still 70% the work of another artist, that minor alteration is all it takes to free you from the risk of copyright infringement litigation. This notion is false. There is no such thing as the 30% rule in copyright law.
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It is now codified in Section 107 of the Copyright Act, which provides that fair use of a work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use, scholarship, or research) is not an infringement of copyright.
the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market.
In each case a court, in determining whether a particular use made of a work is considered to be a fair use, will look at: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and

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