In general, infringement can be avoided if it can be demonstrated there was a “fair use” of the work in question. Fair use is proven by showing that proper credits were given to the author of the work and that the portions reproduced were for a limited purpose not in direct competition.
There is no brightline test to determine fair use. To determine if use of a work is "fair" the following factors are considered:
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;
4. The effect of the use upon the potential market for or value of the copyrighted work.
Elliott Stapleton Attorney with CMRS Law