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→Balancing of Factors
While the statute is produced below, in general, fair use is an [[affirmative defense]] to a charge of copyright violation. Defendant presents "fair use" not to rebut the prima facie case, but to justify the violation of copyright. Fair use rests on the [[public policy]] concerns that copyright law ought to strike a balance between hardship to the author, whose work is infringed upon, and hardship to the public, if transformative or ''de minimis'' uses of copyrighted works are not permitted.<ref>Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569.</ref>
While the statute is produced below, in general, fair use is an [[affirmative defense]] to a charge of copyright violation. Defendant presents "fair use" not to rebut the prima facie case, but to justify the violation of copyright. Fair use rests on the [[public policy]] concerns that copyright law ought to strike a balance between hardship to the author, whose work is infringed upon, and hardship to the public, if transformative or ''de minimis'' uses of copyrighted works are not permitted.<ref>Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569.</ref>
The fair use defense asks the court to examine a multitude of factors, including (in abbreviated form) (1) the commercial or educational use of the copyrighted material, (2) the nature and amount of the copying, (3) the rough proportionality between the amount of the work copied, and the amount that would need to be copied to meet the alleged fair use, and (4) the invasion of legitimate market interests of the rightholder.
The fair use defense asks the court to examine a multitude of factors, including (in abbreviated form) (1) the commercial or educational use of the copyrighted material, (2) the nature and amount of the copying, (3) the rough proportionality between the amount of the work copied, and the amount that would need to be copied to meet the alleged fair use, and (4) the invasion of legitimate market interests of the rightholder.<ref>By means of paraphrase from the previously cited case, ''see'' ''Campbell''.</ref>
Courts embrace a totality of the circumstances inquiry:
Courts embrace a totality of the circumstances inquiry: