I think it's very interesting question due to the fact that eat explain a lot in the past
Answer: the 4 factors of fair use
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes. ...
The nature of the copyrighted work. ...
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The effect of the use upon the potential market for, or value of, the copyrighted work
number 2 in question 1, and number 4 (sorry if it was not useful)