5.6 Permitted Use and Fair Dealing/Fair Use and Six-Factor Test

The permitted-use catalogue (the statute's exceptions — the balance's other half): privateuse and research; quotation and criticism-review; news reporting and current events; education-and-teaching faces; library-and-archive uses; public-interest-and-administration faces (the judicial-and-legislative uses). The fair use-fair dealing distinction (the exam'sdiscriminator):fair dealing (the Commonwealth's closed categories — the permitted purposes enumerated) vs fair use (the US's open standard — the factors' weighing). The six-factor test(the syllabus's frame — the fair-use factors' extended family): (1) the purpose andcharacter of the use (the commercial-vs-educational; the transformative use's modern face); (2) the nature of the work (the factual-vs-creative); (3) the amount and substantiality taken (portion and the heart's taking); (4) the effect on the market (substitute's harm — the traditional "most important factor"); (5) alternatives' availability (could-the-user-have-licensed-or- avoided); (6) good faith and attribution faces (honest-use's circumstances).