The Copyright Act in Section 107 enumerates four "fair use factors" that determine whether a particular use of a copyrighted work is fair use. These factors are:
1. Purpose and Character of Use
the purpose and character of the use, including whether the use is commercially motivated or instead is for nonprofit educational purposes.
This work of criticism and parody adds new expression and meaning to the original copyrighted work without commercial profit.
2. Nature of Copyrighted Work
the nature of the copyrighted work.
The copyrighted work is published, informational and commercial, but not creative.
3. Amount and Substantiality of the Portion Used of the Copyrighted Work
the amount and substantiality of the portion used in the newly created work in relation to the copyrighted work.
The quality and value of the material copied from the original copyrighted work is reasonable in relation to the purpose of copying.
4. Effect Upon Potential Market or Value of the Copyrighted Work
the effect of the use upon the potential market for or value of the copyrighted work.
This unauthorized use does not diminish or negatively impact the potential sale of the original copyrighted work, but enhances its marketability and demand.
Kenzie King and Rebekah Modrak
Two women who feel a woman’s testimony should be enough to hold assailants accountable for their violence and to get justice in the courts.