You own and operate CatchCheatersFast Plagiarism Detection Service, an online technology system designed to evaluate the originality of written works in order to prevent plagiarism.

You offer access to your website to high school and college educators as an automated means of verifying that written works submitted by students are originals and not the products of plagiarism.

When a school subscribes to your service, it typically requires its students to submit their written assignments via a web-based system available at www.CatchCheatersFast.com.

After a student submits a writing assignment, CatchCheatersFast performs a digital comparison of the student's work with content available on the Internet, including all student papers previously submitted to CatchCheatersFast, and commercial databases of journal articles and periodicals (including the Frontiers in Psychology journal).

For each work submitted, CatchCheatersFast creates an "Originality Report" suggesting a percentage of the work, if any, that appears not to be original. The assigning professor may, based on the results of the Originality Report, further explore any potential issues.

The CatchCheatersFast system digitally stores the all written works to evaluate the originality of student's including the articles from Frontiers in Psychology

Frontiers in Psychology is the most cited journal in its field, exploring psychological sciences - from clinical research to cognitive science, from imaging studies to human factors, and from animal cognition to social psychology.

Frontiers in Psychology has filed a copyright infringement suit against your company.

You plan on asserting the fair use defense.

Evaluate all four facts. Will your defense be effective?

Four nonexclusive factors for courts to consider in making a "fair use" determination:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

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