Determining fair use involves evaluating four key factors:
The Purpose and Character of the Use: Is the use transformative, and does it add new expression or meaning? For example, using a small portion of content for commentary or critique in a newsletter might qualify as fair use. The Nature of the Copyrighted Work: Is the original work factual or fictional? Using factual content is more likely to be considered fair use. The Amount and Substantiality of the Portion Used: Using smaller portions of content is more likely to be considered fair use, especially if the portion used is not the "heart" of the work. The Effect of the Use on the Potential Market: If the use negatively impacts the market for the original work, it is less likely to be considered fair use.