Xxxxxxx and Character of the Use Sample Clauses

Xxxxxxx and Character of the Use. [10, 11] The heart of the fair use inqui- ry is the purpose and character of the use. Xxxxxx x. Xxxxx, 467 F.3d 244, 251 (2d Cir. 2006). It includes two considerations: the transformative nature of the work, see Xxxx Xxxxxx, 448 F.3d at 608; and whether the ‘‘use is of a commercial nature or is for nonprofit educational purposes,’’ 17 U.S.C. § 107(1). ‘‘The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.’’ Xxxxxxxx x. Xxxxx-Xxxx Music, Inc., 000 X.X. 000, 569, 114 S.Ct. 1164, 127 L.Ed.2d 500 (1994).