The purpose and nature of the use, including whether it is for commercial purposes or nonprofit educational purposes

| March 13, 2016

Question
During the 2008 presidential campaign, a graphic designer found a photo of Barack Obama on

the Internet, modified it to look more like a graphic design, and made the very popular “Hope”

campaign poster without credit to the photographer or permission from the Associated Press,

which owns the photo. AP argued that the designer infringed AP’s copyright and that the design,

on sweatshirts, etc., produced hundreds of thousands of dollars in income. The designer claimed

his use was a fair use. Using the fair use criteria, evaluate the claims.

1. The purpose and nature of the use, including whether it is for commercial purposes
or nonprofit educational purposes. (Commercial use is less likely to be fair use.)

2. The nature of the copyrighted work. (Use of creative work, such as a novel, is less
likely than use of factual work to be fair use.)

3. The amount and significance of the portion used.

4. The effect of the use on the potential market for or value of the copyrighted work.
(Uses that reduce sales of the original work are less likely to be considered fair.)

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