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glyph ("Glyph") wrote:

fair use has a 4-factor test https://fairuse.stanford.edu/overview/fair-use/four-factors/

1. purpose and character, i.e. "transformativity"
2. nature of the work
3. substantiality
4. effect on market

whether or not your copy is a bit-for-bit copy is only a single factor, the 3rd factor, out of these 4