There are four factors to consider under the Fair Use Agreement.
1. Purpose and Character
2. Nature of Work
3. Amount and Substantiality of Portion Used.
4. Effect on a Work’s Owner’s Effect Potential Market.
PURPOSE AND CHARACTER. The first factor considers the Purpose and Character of the work. In this case,
our book reviews. This factor has two prongs: First, is whether or not the work is for commercial or non-commercial use, and second, whether the work is transformative. Concerning the former, our works are commercial and commercial works are held to higher standards under the Fair Use Agreement. We are such an utterly and totally unique product which differs so much from the original book that there is no conflict here. More specifically, we are marketing a totally different product from what they author created. For instance, our intent is to perform the most detailed book review on the planet. Most book reviews provide just that – a review of the entire book in one swoop – our reviews provide a chapter by chapter analysis which includes an overview of the contents of the chapter then a critique of the contents from varying points of view. The author’s initial intent was to convey the information of their work; our intent is to analyze the information of the work. Each of our reviews are transformative and fundamentally dissimilar from the author’s original piece.
NATURE OF WORK. This factor is related to the amount of creativity of the work. We are very safe concerning this prong of the test for two reasons: (1) Works that are already published are slightly less protected than unpublished works (each of our reviews are of only published works) and (2) our works are extremely creative in and of themselves, for they are expressing the opinions and independent thought of our reviewers. For instance, if twenty different reviewers reviewed the same book one would have twenty different, unique, opinionated and transformative reviews.
AMOUNT AND SUBSTANTIALITY OF PORTION USED. An author’s book is approximately 300 pages in length.
Our reviews are only 10 to 12 pages, that is, approximately 5% of the book length. This hardly would
constitute a “substantial” amount of the author’s work.
EFFECT ON A WORK’S OWNER’S POTENTIAL MARKET. This is the most important prong and we are very
safe. For instance, our intent to raise awareness about an author and their ideas. We benefit author’s in an innumerable ways: More people will hear of the author and thus be more likely to attend or watch or listen or read about any event in which the author participates on the web, television, radio, or in any newspaper, magazines, and so forth. More still, after someone reads our reviews they will be very likely to by the book.
Just as many people write reviews of movies and some people use that review to determine whether or not they will see that movie, iSumm aims to be the best screening and reviewing service on the web. We no more detrimentally impact an author’s sales than a movie reviwer does by giving a movie a bad name. More still, we will push our readers towards buying the books after they read our reviews via links to book sellers, plus link our reviews to the author’s website, various interviews, etc.