A Calculator For “Fair Use”

Four factors enter into the determination of fair use in copyright disputes. They are, as rendered in this post from attorney Michael Lee: “(1) the purpose and character of the use of copyrighted content; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion of copyrighted content used in relation to the work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.” Lee breaks down each of these factors with a series of questions, and maintains the results can be incorporated into an algorithm that will give a “grade” to any particular work that is being analyzed for potential fair use.