Fair use: Generally, the following considerations are applied to all copyrighted materials when deciding whether fair use applies:
The purpose and character of the use whether it is of a commercial nature or is for nonprofit educational (instructional) purposes.
The nature of the copyrighted work (i.e., original, creative works and those designed for entertainment are less likely to qualify than textbooks, factual materials and compilations designed for research or reference).
The amount and substantiality of the portion used in relation to the copyrighted work as a whole. (In general, duplication of an entire work, or crucial portions of a work, will not qualify for fair use).
The effect of the use upon the potential market for value of, the copyrighted work - whether the use will diminish the demand for the work and/or reduce future sales or profits for the copyright holder.