Often, many libraries and scientific publications cite “fair use” in order to prevent any copyright violations from occurring. Fair use that has been dealt in the Section 107 of the U.S. Copyright Law expects libraries as well as scientific publications to determine whether their use of a copyrighted material is fair use or not.
Character of use
When you begin to determine the process of fair use, you must begin by determining the character of the usage. It also depends on the kind of organization that you run. When the Supreme Court of the United States of America ruled the transformative factor was important to substantiating Fair Use. If you used a material that is copyrighted, did you transform it in some way and add some insight previously not available in the original version?
Nature of the use
If you use the materials for a fact based manuscript and it increases public knowledge, then you can claim Fair Use for it. If your usage is to increase the amount in your wallet, then the opportunities to claim Fair Use will be lesser and the courts will probably not grant you the chance to claim it.
If you are using materials under Fair Use for scientific manuscripts, then you have a greater chance of publishing it without copyright problems. Oddly, you have a lesser chance of claiming Fair Use when the material has not already been published elsewhere.
How much will you use?
The more of a copyrighted material you use, the lesser will be your opportunity to claim Fair Use for it. Not for profit organizations have a higher chance of claiming Fair Use as compared to the other organizations. This will help them take shelter under the Copyright Laws of the United States Supreme Court. As an editor, you should also remember the rules of Fair Use before claiming it.