What factors are considered to determine "fair use"?

The determination of "fair use" under U.S. copyright law is based on several factors, among which the purpose of the use and the potential market effect are critical. This multifactor test allows courts to evaluate whether the use of a copyrighted work can be justified as fair based on its intended purpose, such as whether it is transformative, educational, or for criticism and commentary.

The second part of this factor examines whether the use adversely affects the market for the original work. If the copier’s actions harm the original creator's ability to profit from or control the distribution of their work, this may weigh against a finding of fair use. Hence, considering both the purpose of the use and its market effects encapsulates a nuanced approach to judging fair use, making it a vital aspect of copyright infringement assessments.

In contrast, while factors such as the economic benefit, the author’s reputation, and the time since copyright may seem relevant, they do not encapsulate the core considerations of fair use as defined by the law. Thus, the primary focus remains on the nature and impact of the use rather than these other external elements.