Question

What is a valid fair use of a popular song that's just come out?
use of the full song within a critique on the radio
use of a small portion of the song in an online class presentation
use of a small portion of the song as the background for a perfume ad on TV
use of the full song for a new web page for a start-up landscaping business

Answers

GPT-4o mini
When considering fair use, it is important to evaluate several factors including the purpose of use, the nature of the original work, the amount of the work used, and the effect of the use on the market for the original work.

Among the options you provided, the use of a small portion of the song in an online class presentation is most likely to be considered fair use. Educational purposes often fall under fair use, especially if the portion used is small and does not significantly impact the market for the original song.

The other options listed would generally not qualify as fair use:
- The full song within a critique on the radio might be problematic, as using the entire song could affect its market and is less likely to be considered fair use.
- Using a small portion of the song as the background for a perfume ad would likely be considered commercial use and would not qualify for fair use.
- Using the full song for a new web page for a start-up landscaping business would also be considered commercial use and would not qualify as fair use.

So, the best choice here is the use of a small portion of the song in an online class presentation.

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