FAIR USE EXCEPTION

The statutory exemption allowing one who does not own a copyright to use copyrighted materials for limited purposes including criticism, news reporting, teaching, research and scholarship. Four factors used to determine whether a use by a non-holder is fair includes: 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 substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.