What is the amount and substantiality of the portion used in relation to the work as a whole?

Favoring Fair Use

  • [+] Only limited and reasonable portions will be used
  • [+] The portion used is not the "heart" of the work (the portion considered most central to the work as a whole)
  • [+] Only the amount required to achieve the stated, socially-beneficial purpose or objective will be used (be that educational, artistic, scholarly, journalistic, etc.)
  • [+] If the entire work is to be used (which would NOT favor the use being fair), it is clear that no less than the entire work will achieve the stated purpose of the use (e.g. use of a photograph, a short poem, an article, etc.)
  • [+] The amount used falls within widely recognized fair use guidelines* vetted by key stakeholder groups [reference guidelines]

Opposing Fair Use

  • [-] The entire work, or the "heart" of the work, is used (the "heart" is the portion considered most central to the work as a whole)
  • [-] portion of the work greater than what is needed to achieve the stated purpose or objective is used
  • [-] The amount used clearly exceeds established fair use guidelines [name guidelines]
  • [-] An excessive, or unreasonable amount of the work is used
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