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