The statutory fair use factors quoted above come from the Copyright Act of 1976, which is codified at . They were intended by Congress to clarify rather than to replace, the prior judge-made law. As Judge Pierre N. Leval has written, the statute does not "define or explain [fair use's] contours or objectives." While it "leav[es] open the possibility that other factors may bear on the question, the statute identifies none." That is, courts are entitled to consider other factors in addition to the four statutory factors.
The statutory fair use factors quoted above ,come from the Copyright Act of 1976, which is codified at . They were intended by Congress to clarify rather than to replace, the prior judge-made law. As Judge Pierre N. Leval has written, the statute does not "define or explain [fair use's] contours or objectives." While it "leav[es] open the possibility that other factors may bear on the question the statute identifies none." That is, courts are entitled to consider other factors in addition to the four statutory factors.