If a defendant uses another's copyrighted work and there is a commercial purpose to the use, it cannot be a fair use.

Question

Quizplus · Accepted Answer

This statement is not entirely true. While a commercial purpose does weigh against a finding of fair use, it is not an automatic disqualifier. The four factors of fair use (purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the potential market) must all be considered in determining whether a particular use is fair or not.

If a Defendant Uses Another's Copyrighted Work and There Is