What is the test for determining whether a portion of a copyrighted work can be used without the consent of the copyright owner?
MultiRegion, United States of America
The following excerpt is from Brewer v. Hustler Magazine, Inc., 749 F.2d 527 (9th Cir. 1984):
Third, we must consider "the amount and substantiality of the portion used in relation to the copyrighted work as a whole." In this case, only a small portion of the photograph was cropped off. This fact favors the jury's verdict. See Walt Disney Productions v. Air Pirates, 581 F.2d 751, 756 (9th Cir.1978), cert. denied, 439 U.S. 1132, 99 S.Ct. 1054, 59 L.Ed.2d 94 (1979).
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