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Though legally each situation is evaluated independently according
to guidelines that were intentionally left open to interpretation,
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[Limitations on exclusive rights: Fair use 38 Notwithstanding the
provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such
as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a
work in any particular case is a fair use the factors to be
considered shall include- (1) the purpose and character of the use,
including whether such use is of a commercial nature or is for
nonprofit educational purposes; (2) the nature of the copyrighted
work; (3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and (4) the effect of
the use upon the potential market for or value of the copyrighted