1.Purpose and Character of the Work
This factor examines whether or not a work is being used for commercial or non-profit purposes. If the work is being used for non-profit purposes, there is a better chance that the work is being used under Fair Use.
2.Nature of Work
This factor refers to whether or not the work is factual in nature. One typical example that is given would be biographical information. This type of information would be allowed under Fair Use because it is something factual as opposed to an original work. If the facts come from a published work, it is more likely it would be covered under Fair Use.
3,Amount of the Work
This factor evaluates how much of the copyrighted work is used. The less amount used, the better the argument to defend its use under Fair Use. If you use the entire novel, short story, movie, it is hard to defend Fair Use.
4.Effect on the Work's Market or Value
This factor evaluates if your use of the copyrighted work affects any revenue or market value of the product. For example, if someone makes copies of a pamphlet for an organization, that impacts the revenue that the copyright holder may make.
Fair use allows users of copyrighted works the right to exercise without permission some of the rights normally reserved for copyright owners. This concept is used as a defense in a court of law. Determining what might be considered a fair use in court can be an uncertain process, but these tools can assist you in assessing your use of a copyrighted work.