A Calculator For “Fair Use”

By on March 5, 2020

March 5, 2020

Four factors enter into the determination of fair use in copyright disputes. They are, as rendered in this post from attorney Michael Lee: “(1) the purpose and character of the use of copyrighted content; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion of copyrighted content used in relation to the work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.” Lee breaks down each of these factors with a series of questions, and maintains the results can be incorporated into an algorithm that will give a “grade” to any particular work that is being analyzed for potential fair use.

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One Comment

  1. As an Attorney/Self-Styled Mathematician, I give Lee a big thumbs-up for his calculator! I tried, unsuccessfully to trick it by using 2-Live Crew’s landmark (Pretty Woman) set of facts. Those same facts fooled everyone into ruling against fair use – Everyone EXCEPT the USSC and the CALCULATOR!

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