The following excerpt is from DC Comics, Inc. v. Reel Fantasy, Inc., 696 F.2d 24 (2nd Cir. 1982):
The fair use defense turns not on hard and fast rules but rather on "an examination of the facts in each case." Meeropol v. Nizer, 560 F.2d at 1068. The four factors listed in Section 107 raise essentially factual issues and, as the district court correctly noted, are normally questions for the jury.
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