One of the most common questions I receive from clients is what constitutes “fair use” under copyright law. They are surprised to hear that it is a flexible concept which requires weighing several factors. And…for the record…the fact that you ain’t makin no money on it isn’t a get out of jail free card.
The case below has a nice explanation (and application) of those factors relating to the online term-paper plagiarism detector, Turnitin.com. The legal discussion starts on page 7.