Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
The purpose and character of the use, including whether such use is of 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
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
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http://www.copyright.gov/fls/fl102.htmlGetty will claim that fair use does not apply, and still demand payment, bottom line is they want your money however they can get it..they don't always play by the rules, and you must also rememeber that the person sending the letter is not a qualified legal person, they are just some lousy clerk sitting in a cubicle of many, spouting out the corporate garbage..