Which statement about Fair Use is true?

• A. There are bright-line rules for Fair Use.
• B. Any use under 2000 words is automatically fair use.
• C. Giving credit always eliminates permission need.
• D. Fair Use determinations are case-by-case by a judge or jury.

Answer: (D)

Fair Use is a flexible defense to copyright infringement that courts apply by weighing four factors for each disputed use. Because the outcome depends on the specific facts of how the material is used, these decisions are made on a case-by-case basis by a judge or jury. The four factors—purpose and character of the use (is it transformative or for commentary?), the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market or potential market for the work—guide this assessment, but no single rule guarantees a result in every situation.

This is why the statement that fair use determinations are made case-by-case is the true one. The other choices reflect common misunderstandings: there are no bright-line rules for fair use, there is no automatic threshold like 2000 words, and giving credit does not automatically erase the need for permission if the use isn’t fair use.