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"The Amount"1:12 with Chris Zabriskie
The third requirement for fair use is, "The amount and substantiality of the portion used in relation to the copyrighted work as a whole." Put simply, how much of the original work you're using is a factor.
The amount and substantiality of the portion used in relation to the copyrighted work as a while.
Did you get all that?
What's being asked here is how much of the thing you're using are you using?
That might sound kind of weird, but think about it like this,
just one note of a song isn't the whole song.
The amount of the copyrighted work you're using
does play a big part in whether something is fair use or not.
Are you quoting a paragraph from a book
or are you just copying the entire book and pretending it's yours?
The same with a website's code.
Are you borrowing a couple lines of CSS
or are you just copying entire pages of code wholesale?
Let's go back to that Game of Thrones example.
Some clips to illustrate an educational video studying Dothraki language,
that most likely falls under fair use.
Now a full episode of the TV show might have the exact same clips in it,
but it's a full episode.
You don't need that entire thing to make your point.
Small clips, small portions of something,
are always one step closer to fair use than that entire work itself.
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