Quote:
Originally Posted by Sil_liS
Fair use is only determined by a judge.
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Well, that's true but reductive.
"Fair use" has a legal meaning, and is rooted in statutory law - US Code Title 17, Chaper 1,
Quote:
§ 107 · Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair use the factors to
be considered shall include—
(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.
The fact that a work is unpublished shall not itself bar a finding of fair use if
such finding is made upon consideration of all the above factors.
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Judges make determinations about what constitutes fair use at the margins, & within the definitions of this section. Things that are obviously fair use don't get into court, as a rule - exceptions being when you have obtuse plaintiffs.