I know that fair use requires that the amount of the work be
kept limited to ensure that it is a protected use, but is there an exact amount
of how much? The only real guidelines I
can find refer to “substantiality,” which is rather vague. I remember in one of my ISTA classes an exact
percentage being mentioned once, but I can’t find reference to that anywhere
else. It was somewhere in the ten to
fifteen percent range, but I’ve never heard of this again.
In my research about court cases, it appears that the real
criteria for fair use is not how much is used, but rather why it is used. Interesting to note is the idea that fair use
doesn’t apply when the usage acts as a way to supersede the original work in
the market. This suggests, to me at
least, that the original ideas of ownership are still the dominant factor in
determining the nuances of copyright law.
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