95 years from the date of publication or 120 years from the date of creation, whichever is shorter, if the author is an employer or a commissioner of a work made for hire, or if the author uses a pseudonym or remains anonymous.
Was the use commercial, or for non-profit, educational purposes? Did the user add value to the original by adding new expression or meaning, creating new insights or understanding? These favor fair use. Is the work informational or entertaining in nature? Copying from informational works is seen to encourage the free spread of ideas and the creation of new informational works. The more that is taken from a work, the more difficult it is to justify a fair use defense. Judge will consider whether the market for the original is undermined or the value is decreased because of its use – if so, it is not considered fair use