Principles of fair use

Are there any widely accepted sources to help evaluate a claim of fair use beyond the four factors in 17 USC 107? I realize that fair use is what a court says it is, but the courts must look to something to try and be consistent.

My understanding is that the general rule is to weigh the public benefit of the copying in question against any impairment of the market or value of the material. So if there is a great public benefit, e.g., use in public education, that could merit significant impairment. Conversely, if there is negligible impairment, a minimal benefit could be adequate to tip the scales to fair use.

So where would you look for guidance and authorities if you were called on to adjudicate a fair use question? TIA.

Regards,
John Levine, johnl[_at_]iecc.com, Primary Perpetrator of "The Internet for Dummies", Information Superhighwayman wanna-be, http://www.johnlevine.com, Mayor "I dropped the toothpaste", said Tom, crestfallenly.

PS: In case it's not obvious, I am not a lawyer, I am not looking for legal advice. I'm trying to figure out if there's anything I can say to people who argue that something is or isn't fair use beyond pointing them at Sec 107. Received on Tue Aug 16 2005 - 02:10:00 GMT