Fair Use: A Comprehensive Guide to Section 107 After Warhol

54 questions on fair use, answered and cited by the UpLaw editorial team.

• Are the four fair use factors an exhaustive test?
• Are there statutory exemptions that are better than arguing fair use?
• Can I raise a First Amendment defense to copyright infringement?
• Can the same photograph be fair use in one documentary scene and not another?
• Does bad faith defeat a fair use defense?
• Does winning on fair use resolve all my legal risk?
• Do the preamble uses in section 107 create protected categories?
• How did Warhol change fair use analysis from the Cariou era?
• How do all four factors run on a documentary's use of a photograph?
• How does fair use apply to documentaries and biographies?
• How does fair use apply to news reporting?
• How does fair use relate to the derivative work right?
• How do you build a defensible fair use position?
• How have courts applied the parody/satire distinction?
• How have courts ruled so far on AI training and fair use?
• How much does commerciality hurt a fair use defense?
• How much does educational use help a fair use defense?
• How much of a work can I use under fair use?
• How should AI training be analyzed under fair use?
• Is a fair use defendant liable for destroying demand through criticism?
• Is controlled digital lending fair use?
• Is machine reading of copyrighted text fair use?
• Is there any true safe harbor for a mistaken fair use belief?
• What are the key takeaways on fair use after Warhol?
• What are the traps in claiming a parody defense?
• What did Campbell v. Acuff-Rose decide?
• What did Google v. Oracle hold about fair use in software?
• What did Warhol NOT hold?
• What did Warhol v. Goldsmith actually hold?
• What does 17 U.S.C. § 107 actually say?
• What does factor four — market effect — ask?
• What does factor two — the nature of the copyrighted work — ask?
• What happens if I guess wrong about fair use?
• What is the AI developer's fair use case?
• What is the circularity problem in fair use?
• What is the difference between parody and satire in fair use?
• What is the linkage rule in factor three?
• What is the market dilution theory in fair use?
• What is the most important question to ask before relying on fair use?
• What is the rightsholder's case against AI training?
• What is transformative use, and where did the concept come from?
• What lessons does Google v. Oracle carry outside software?
• What should an AI developer do to build a defensible fair use position?
• What was the Cariou era of transformative use?
• What were the facts of the Warhol case, and why do they matter so much?
• When is fair use decided — motion to dismiss, summary judgment, or trial?
• Where did the four fair use factors come from?
• Which derivative markets count under factor four?
• Who bears the burden of proving fair use?
• Why does factor two rarely decide fair use cases?
• Why does fair use exist?
• Why does the Warhol dissent still matter?
• Why do search engine and indexing cases nearly always win on fair use?
• Why is Jeff Koons the best teaching case on fair use?