On 1/24/06, Peter Mackay peter.mackay@bigpond.com wrote:
Is there some acceptable percentage, or do we just have to hope that a court will say that 5% or 10% or whatever is degraded enough that we can use it?
There's no number built into the law, and in the various case rulings it is determined in a very arbitrary way. We purposely avoid specific numbers (i.e. "no more than 3 per page" or "no more than 400 pixels wide") because it would just provide a false sense of accuracy and specificity. It has to come down to good judgment in the end -- it is easier to say what is definitely not fair use than it is to say what definitely is.
FF