San Francisco Chronicle, March 20, 2011 by John Diaz
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/03/19/INMS1IBQU2.DTL
Jennifer Urban, a UC Berkeley law professor who studies fair-use issues, said courts tend to use two tests in determining fair use. One, whether the purpose of the inclusion of copyrighted material was to simply replicate it or “transform it” for another purpose – such as commentary. Two, “did you use more than you needed?”