| (1) | Except as provided in Articles 23 through 35-4 and 101-3 through 101-5, where a person does not unreasonably undermine an author's legitimate interest without conflicting with the normal exploitation of works, he or she is entitled to use such works. <Amended on Mar. 22, 2016; Nov. 26, 2019; Aug. 8, 2023> |
| (2) | In determining whether an act of using works falls under paragraph (1), the following matters shall be considered: <Amended on Mar. 22, 2016> |
| 1. | Purposes and characteristics of use; |
| 2. | Types and purposes of works; |
| 3. | Amount and substantiality of portion used in relation to the whole works; |
| 4. | Effect of the use of works on the existing or potential market for the works or current or potential value thereof. |
[This Article Newly Inserted on Dec. 2, 2011]
[Moved from Article 35-3 <Nov. 26, 2019>]