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  Copyright Exemptions: Fair Use
 

Third Factor: Amount

The third factor looks at the amount of the work that is being used. A small amount generally weighs in favor of fair use where a large amount would weigh more in favor of requesting permission. However, there are times when the use of even a small amount of work if it can be considered the heart of the work would be an infringment. There is no magic number or formula which determines an acceptable amount.

Favors Fair Use Favors Permission
Small Amount Large Amount
Amount used is not significant to work Amount used is heart of work

 

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