What are some determining factors when deciding if something is a “fair use” or not?
· 1 · The purpose and character of the use · 2 · The nature of the work · 3 · The amount of work involved · 4 · The effect of the activity on the market for the original work, and · 5 · Whether the original work is published or unpublished. Often times, the character of the use is the most important factor in determining if something is a “fair use” or not. Specifically, those uses related to profit-making activity will not be considered a “fair use.” Again, if you have any doubt, it is wise to consult an intellectual property attorney. Q: Is copying a copyrighted work for a non-profit always considered “fair use?” A: No. A number of churches have gotten into trouble for copying music or lyrics, because it reduces the market for sheet music and therefore is not considered a “fair use.
