When you put copyrighted material to new use, this furthers the goal of copyright to “promote the progress of science and useful arts.”

1. Fair use Factors 1
This article is mainly about the mostimportant part of copyrights laws thatpeople
never understand to the fullest. The fair use concept has a lot of factors imbedded
into it and in this article we will see those factors in detail and give you a perfect
understanding of the fair use section of the copyrights laws. And how these factor
could prevail usefulwhen taking up court hearings. For elaborate explanation we
have split this article to 2 parts.
The Four vital factors that coherent with the Fair Use concepts are:
1. Purposeand Character of Your Use
On the usageof another person’s copyrighted work for thepurposeof criticism,
news reporting, or commentary, then it will come under the category of fair use
automatically. Purposes such as these areoften considered "in the public
interest" and arefavored by the courts over uses that merely seek to profitfrom
another’s work. When you put copyrighted material to new use, this furthers the
goal of copyrightto "promotethe progress of scienceand usefularts."
In evaluating the purposeand character of your use, a court will look to whether
the new work you'vecreated is "transformative" and adds a new meaning or
message. To be transformative, a use mustadd to the original "with a further
purposeor different character, altering the firstwith new expression, meaning, or

2. message." Although transformativeuseis not absolutely necessary, the more
transformativeyour useis, the less you will have to show on the remaining three
factors.
A common misconception is that any for-profituseof someoneelse's work is not
fair useand that any not-for-profituseis fair. In actuality, somefor-profituses are
fair, and some not-for-profituses arenot; the result depends on the
circumstances. Courts originally presumed that if your use was commercial it was
an unfair exploitation. They later abandoned that assumption because many of
the possiblefair uses of a work listed in section 107's preamble, such as uses for
purposes of news reporting, are conducted for profit. Although courts still
consider the commercial natureof the useas part of their analysis, they will not
brand a transformativeuseunfair simply becauseit makes a profit. Accordingly,
the presenceof the advertising on the website would not and doom the copyright
owner’s claim for the fair use.
When you simply repost an already copyrighted work withoutanything more,
however, it is less then likely to qualify for a protection under this prong. If you
simply include the additional text, audio, or video that simply comments or
extends the content on the originally made material, this would enhance your
claim of fair use a notch stronger. If you useany original work in order to create
or parody this may qualify as fair use so long as the thrustof the parody totally
directed towards the original work of its author/creator/producer.
2. Nature of the Copyrighted Work
On examining these fair usefactor, the courtwill examine the material you have
used in accordancewith the factual or the creativity of your presented work, and
whether it has been published or is unpublished. Although non-fictional works
such as a biographies and news articles are generally protected under the
copyrightlaw, there are still few factual and nature which would mean that one
may rely strongly on these materials and yet enjoy the protections the fair use has
to offer. Differentiating for the fictional works aretypically given much greater
protection in the fair useanalysis. So, for example, taking newsworthy quotefrom
a particular research reportwhich is more likely to be protected by the fair use
and then quoting from the novel. However, these question is not determinative,

3. and the courts have to found fair use of the fictional works in somesortof pivotal
cases on the raised subject.
The published or unpublished natureof the original work is only a key decision
changing factor in the narrow class of the cases. On the year 1992, Congress
amended the CopyrightAct to add that fair use which may apply to the
unpublished works. This distinction existed mostly to protect the absolute secrecy
of the works that are on the verge of publication. Therefore, the nature of the
work is often a smallpart in the fair useanalysis, which has generally been
determined by looking at the other three factors.
These are the first2 factors of the fair use, the next 2 will be released on our blog
as a separatearticle so stay tuned.