Unfortunately, there is no cut and dried answer. The definition of fair use involves a very subjective and factual four-point test . You will never know for sure whether the use of the border is permissible or not, if you do not appear in court, and the judge decides.
Four factors:
- the purpose and nature of the use, including whether such use is commercial or for non-commercial educational purposes;
- nature of copyrighted work;
- the quantity and materiality of the part used in relation to the copyrighted work in general; and
- the effect of use in a potential market or the value of copyrighted work.
Each of them has a specific legal meaning, based on previous precedents (which may or may not correspond to what most people think of as the meaning of a simple language). If you are doing everything that can make you sue, talk to a lawyer.
The software is even more complicated, since not all codes are protected for use from the very beginning.
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