Originally Posted by pornlaw

All of you may want to read this article about Fair Use from Standford....

http://fairuse.stanford.edu/Copyrigh...pter9/9-b.html

These are the four elements that RK will be trying to prove, if they let this case go to trial.... It is really their only defense...

The four factors judges consider are:

1.the purpose and character of your use
2.the nature of the copyrighted work
3.the amount and substantiality of the portion taken, and
4.the effect of the use upon the potential market.

This analysis is not an easy one and requires actually knowing case law. Its not intuitive.