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{{cquote|In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work. <ref>(Folsom v. Marsh, 9 F. Cas. 342 (1841)</ref>}}
{{cquote|In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work. <ref>(Folsom v. Marsh, 9 F. Cas. 342 (1841)</ref>}}
Especially because fair use defense, prior to codification in Title XVII, was mostly judge-made law, courts enjoy wide discretion.
Especially because fair use defense, prior to codification in Title XVII, was mostly judge-made law, courts enjoy wide discretion.
==''De Minimis'' Infractions==
Some ''de minimis'' - meaning, miniscule - uses of copyrighted material may be either (1) not a copyright violation in the first place or, (2) a fair use thereof, as small enough to make a point in a "fair" manner under the other factors.
In ''Ringgold v. Black Entertainment Television'', the Second Circuit held that the use of a poster of an artist's work in a television show, with screen time totaling 26-27 seconds, was a copyright violation, based on the integral nature of the work of art with the television show.<ref>126 F.3d 70.</ref> Alternately, common usage throughout a film, in passing or in main shots, may, depending upon the nexus with the film's meaning, ''not'' be an infraction.<ref>''See'' ''Jackson v. Warner Bros.'', 993 F. Supp. 585.</ref>
== Images ==
== Images ==
Faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in ''Bridgeman Art Library v. Corel Corp''.
Faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in ''Bridgeman Art Library v. Corel Corp''.
In order to preserve the legal rights of the copyright holder, a tag like the following one should be placed accompanying the image in question.
In order to preserve the legal rights of the copyright holder, a tag like the following one should be placed accompanying the image in question.
==Statutory Text==
==Statutory Text==