Question of the Day

Which of the following statements does not constitute a consideration for determining what constitutes fair use?

A. Whether the work will be used for commercial purposes, or for not-for-profit or educational purposes.

B. The nature or way in which the work will be used.

C. How much of the work is used, both in terms of the aggregate amount of work that is being used, as well as the percentage of the total work that is being used.

D. Specific permissions that the copyright holder has previously granted, if those permissions are deemed to be precedent-setting in nature.

Answer D – When determining what constitutes fair use, any permissions that the copyright holder has previously granted are not relevant to a determination of fair use.

Explanation: Options A, B, and C are all incorrect as each one constitutes legitimate considerations under the Copyright Act of 1976 for determining what does (and does not) constitute fair use.