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> Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor Whether the use is for-profit is not a factor either. It's pa
by hn_acker 3y ago
> Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor
Whether the use is for-profit is not a factor either. It's part of a factor. The first factor of the fair use test [1] is:
> the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
"including" is not "limited to", so something as simple as whether the use brings in any revenue, whether through donations or sales, could be one consideration within the first factor. Whether the use is for-profit is another consideration.
[1] https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors