Thomas Smart, co-chair of the intellectual property and patent litigation group at Kaye Scholer explained that the courts ask four questions to determine if someone is making fair use of copyrighted material:

  • What is the nature or purpose of the use?
  • What is the nature of the work being copied?
  • How much of the work was copied?
  • How did the copying affect the market for the copyrighted work?

A must read for blog author’s wanting to know guidelines on fair use. Read full article: Bloggers Cautioned About Being Copy Cats