“Classroom Discussion: Teaching Script About Fair Use in Making Art.” Center for Media and Social Impact, School of Communication/ American University, 2018, cmsimpact.org/resource/teaching-script-making-art/.
Artists may use copyrighted works as long as they adhere to the principles of Fair Use. But what is "fair use"?
There are four factors one must consider when conducting a fair use analysis:
1. Purpose and character of the work
2. Nature of the copyrighted work
3. Amount used
4. Market effect
Every case is different, and depending on the particulars of a given scenario, one of the four factors might weigh more heavily than another in determining whether use of a work is fair use or copyright infringement.
1. Is the use for a new "transformative purpose"? (in terms of context, audience, added insight, etc.)
2. Does it employ an appropriate amount to fulfill the transformative purpose?
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