![]() ![]() an image that is being critiqued in a scholarly presentation-this may be appropriate and permissible as a fair use. If you have a legitimate need to use an entire work- e.g. While using an entire work is less favored under the amount factor, there are nevertheless many instances in which doing so will still qualify as fair use. However, it is important to be aware that this factor considers not just the quantity of what is used but also qualitatively assesses whether the use includes the so-called "heart of the work." Even small portions may exceed fair use if the most notable or creative aspects of a work are used. ![]() Generally, the less of a work you use, the more likely it is to fall under fair use. The law does not set bright lines or absolute limits on how much of a work may be used to be considered fair use. Image Credit: Tibetan Musical Score 42, leaves from a musical score, Wellcome Library, London. A showing of the latest Blockbuster film.A performance of Arthur Miller's The Crucible.A book explaining the economic ramifications of the Civil War.A poster outlining the structure of amino acids.A documentary film on the migration of Canadian geese.A determination of fair use depends on the balance of all four factors. This does not mean, however, that unpublished works or highly creative works can never be used without permission. Likewise, "highly creative" works (e.g., poetry, art, entertainment film, fiction novels) tend to receive more protection than factual, non-fiction works (e.g., documentary films, informational displays, educational texts) because the law seeks to provide maximum protection to a creator's artistic effort. In general, published works and factual, non-fiction works are more likely to qualify for fair use. Unpublished works tend to receive more copyright protection because the law values the creator's right to decide how and when to distribute a work. Reading from a book during the course of a stage performance.Adapting an existing work to a new medium, such from book to film or television to stage. ![]()
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