Works of fiction receive greaterprotection than works of nonfiction. This makes sense in light of the principal purpose of the copyright laws, namely, dissemination of information to the public. Although recent cases, and a 1992 amendment to the Copyright Act, make unpublished works subject to fair use, any copying or paraphrasing from an unpublished work must be done with extreme caution. You should consult a copyright lawyer before proceeding. The amount and substantiality of the portion used.
Most courts willconsider first the amount of the work used.
However, courts consider not only the quantity of the use, but the quality as well. If the user copies the critical heart of the work, this is probably unfair even if the number of words copied is insignificant in relation to the whole. The effect of the use on the potential market for or value of thecopyrighted work. Courts generally view this as the most critical factor in determining whether a use is fair. Obviously, quoting substantial portions of a work, such as a poem, even for purposes of legitimate criticism, provides readers with a copy of the work without payment to the poet.