"Achieve (Moving) for Permission vs Ask for Permission" is handled in How Much of Someone Else's Work May I Use Without Asking Permission?: The Fair Use Doctrine

There is virtually no question which occurs more frequently to those
in the publishing community than "how much of someone else's work may
I use without asking permission?" The answer rests in the concept of
"fair use" and the fair use exception in the Copyright Act.
Fair use is a limitation on the exclusive rights of the copyright
owner. The roots of what we today refer to as fairuse are well
established in ourearly English common law tradition. The "fair use
doctrine" is a complex exception to the "limited monopoly" vested in
authors by the United States Constitution and Copyright Act. The
guiding principle of the fair use doctrine is to make available, for
limited purposes, reasonable public access to copyrighted works.
Section 107 of the Copyright Act, entitled, "Limitations on Exclusive
Rights: Fair Use," is the statutory codification of the fair use
doctrine. This judicially developed concept strives to balance the
public'sneed to know and be informed against authors' incentives
tocreate. The copyright law contemplates that fair use of a
copyrighted work without permission shall be for purposes such as (1)
criticismand comment, (2) parody and satire, (3) scholarship and
research, (4) news reporting and (5) teaching, and that such fair use
will not result inthe infringement of a copyrighted work. As one
mayexpect, authors and publishers usually take a restrictive view of
the fair use doctrine, while users of copyrighted materials generally
take a more expansive view.
The codification of the fair use doctrine is not intended to be a
rigid, fixed body of law of the fair use privilege. This is because of
the endlessvariety of situations and combinations of circumstances
that can arise in any particular case which precludes the formulation
of exact rules. For this reason fair use judicial decisions are very
difficult to predict and sometimes even more difficultto reconcile
with previous decisions.
Determining Whether a Particular Use is a Fair Use
Section 107 enumerates four"fair use factors" that need to be analyzed
in order to determine whether a particular use of a copyrighted work
is fair use. These factors are:
"(1) the purpose and character of the use, including whether such use
is of a 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 uponthe potential market for or value of the
copyrighted work."
Because the courts consider all four factors - no single factor is and
of itself sufficient to prove fair use - publishers need to
understandeach factor as it relates to determining whether use of the
original copyrighted work in the creation of a new work will be
considered fair use in the eyes of the court.
Purpose and Character of Use
This first fair use factor - purpose and character of use of the
original copyrighted work - evaluates the new work by taking into
account the following criteria:
(1) The commercial or noncommercial nature of the user's use of the
copyrighted work.
(2) Does the user's use of thecopyrighted work conform to the fair use
purposes contemplated in Section 107?
(3) The degree of transformation from the purpose or function of the
copyrighted work compared tothe purpose or function of thenew work.
The first criterion - commercial or noncommercial nature of the new
work - ascertains whether the new work was created primarily as a
commercial venture or was instead created for a noncommercial or
educational purpose. Although every commercial use is not
presumptively an unfair use, and therefore conclusively determinative,
this test indicates that a preference for fair use will be granted to
works that are created for noncommercial or educational purposes
rather than for commercial purposes.
The second criterion looks to see if the new work is for oneof the
purposes specifically contemplated by the fair use provision -- (1)
criticism and comment, (2) parody and satire, (3) scholarship and
research, (4) news reporting and (5) teaching. The burden of proving
fair use is somewhat easier to demonstrate if the new work is for one
of these purposes, however, other uses may also be determined to be a
fair useof the copyrighted work.
The third criterion evaluates the degree of transformation
accomplished by the new work, e.g., is the transformative purpose of
thenew work for comment, criticism, or parody of the copyrighted work.
In other words, this criterion determines whether the new work merely
supplants the original copyrighted work, or whether it adds something
entirely new to the copyrighted work.

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