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- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
[If any money is being made, Fair Use does not apply.]
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- The nature of the copyrighted work.
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- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
[Using a portion of a work is usually accepted; using an entire book, for example, would violate Fair Use.]
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- The effect of the use upon the potential market for or value of the copyrighted work.
[If the use of the material prevents sale or payment of some type, Fair Use would probably not apply.]
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