|
|
|
|
|
by soyiuz
3386 days ago
|
|
The four factors are ALL considered in determination of fair use. You are not "covered" under any one of them. It is the opposite: violating any one of them can be used as basis for challenging fair use exemption. The gold standard for fair use is academic citation. Genius use of the lyrics was clearly commercial (because it benefited financially and is a for profit organization). The terms "direct" or "indirect" are not in the language of the guidelines. In (4), it would be enough for copyright holders to show potential for future harm. A strong case of fair use needs to clear each of the four factors. For example, just posting the lyrics online (without profit) violates (2) in that it is not transformative, (3) in that the work is reproduced in its entirety, and (4) in that it harms the "existing or future" market for the product. By contrast, an academic citation, a sentence of a novel, for example, is non-commercial, transformative, partial, and non-damaging. Incidentally, things get more complicated with poetry---scholars working on short-form lyrical poetry often need to clear the rights for publishing their research. Poems are short, it is therefore difficult to avoid reproducing them in full, which violates (3). Courts prefer partial reproduction for fair use. |
|