Joel Osteen Starts a Legal Battle with Me

What constitutes fair use? 1. The purpose and character of the use, including whether such use is of commercial nature or is for non -profit educational purposes.

Courts typically focus on whether the use is transformative. That is, whether it adds new expression or meaning to the original or whether it merely copies from the original.

Commercial uses are less likely to be considered fair, though it's possible to monetize a video and still be fair use.

2. The nature of the copyright work. Using material from primarily factual works is more likely to be fair than using purely fictional works.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions.

However, if it's the heart of the work, even a small amount may weigh against fair use in some situations.

4. The effect of the use upon the potential market for, or value of, the copyrighted work.

Uses that harm the copyright owner's ability to profit from their original work are less likely to be fair uses.

Courts have sometimes made an exception under this factor in cases involving parodies.

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