[o11c]

Er, what? I'm speaking directly from the law, 17 U.S.C. § 107. It's deliberately written in terms of "factors to consider", rather than absolutes.

> In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

> * the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

> * the nature of the copyrighted work;

> * the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

> * the effect of the use upon the potential market for or value of the copyrighted work.