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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. 0:00 Did you get all that? 0:08 What's being asked here is how much of the thing you're using are you using? 0:10 That might sound kind of weird, but think about it like this, 0:16 just one note of a song isn't the whole song. 0:19 The amount of the copyrighted work you're using 0:23 does play a big part in whether something is fair use or not. 0:26 Are you quoting a paragraph from a book 0:29 or are you just copying the entire book and pretending it's yours? 0:32 The same with a website's code. 0:37 Are you borrowing a couple lines of CSS 0:40 or are you just copying entire pages of code wholesale? 0:41 Let's go back to that Game of Thrones example. 0:45 Some clips to illustrate an educational video studying Dothraki language, 0:48 that most likely falls under fair use. 0:52 Now a full episode of the TV show might have the exact same clips in it, 0:54 but it's a full episode. 0:59 You don't need that entire thing to make your point. 1:01 Small clips, small portions of something, 1:04 are always one step closer to fair use than that entire work itself. 1:07
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