Changes

Courts embrace a totality of the circumstances inquiry:

Courts embrace a totality of the circumstances inquiry:

{{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.