Amount
Rationale: Amount is both quantitatively
and qualitatively measured. No exact measures of allowable quantity
exist in the law. Quantity must be evaluated relative to the length
of the entire original and the amount needed to serve a proper objective.
One court has ruled that a journal article alone is an entire work; any
copying of an entire work usually weighs heavily against fair use.
Pictures generate serious controversies, because a user nearly always wants
the full image or the full "amount." Motion pictures are also problematic
because even short clips may borrow the most extraordinary or creative
elements. One may also reproduce only a small portion of any work
but still take "the heart of the work." The "substantiality" concept
is a qualitative measure that may weigh against fair use.
Copyright
& Fair Use