The Surprising Truth About “No AI Scraping” Notices: Are They Really Shielding Your Creative Work?
The four prongs or factors in determining Fair Use are as follows:
- The Purpose and character of the use;
- Nature of the Copyrighted Work;
- Amount and Substantiality of the Portion used; and
- Effect on the Market
No one factor is controlling in determining Fair Use.
“The list is illustrative, not a checklist. Falling within a named category does not guarantee your use is fair. A professor who copies an entire textbook for a class still has to survive the four-factor analysis. The preamble opens the door. The four factors decide whether you walk through it.”
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