Fair use determination under Section 107 of the Copyright Act relies on four factors: the purpose and character of use, the nature of the copyrighted work, the amount used, and the effect on market value. Courts assess whether a copyrighted work has been used in various ways before applying these factors. Importantly, evaluations are anchored on what was done with the original work rather than the user's intent. The definition of a 'use' must be specific enough to separate infringing activities from lawful exceptions.
Section 107 of the Copyright Act outlines four factors for assessing fair use: purpose and character of use, nature of the copyrighted work, amount used, and market effect.
A court must first determine if a copyrighted work has been used in multiple ways before evaluating the fair use factors.
Uses are evaluated based on objective inquiries into the nature of the use made rather than the subjective intent of the user.
In cases of alleged infringement, the examination of a 'use' should be narrowly focused to protect exclusive rights and distinguishable infringing uses.
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