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What percentage copyrighted material can be present in a recording before breaking copyright laws?

fair use

Table of Contents

Answer

The is no set percentage of copyrighted material that may be used without permission. Instead, the “fair use” of the copyrighted material may depend on (1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for, or value of, the copyrighted work. The safest course of action is to obtain permission for the use of a copyrighted work in any circumstance as it is not possible to predict with any certainty whether a court would find a particular use to be a “fair use.”

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