Who decides what does and does not count as fair use?

Who decides what does and does not count as fair use?

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The courts decide what is fair use and what isn’t. However, creators should understand the concepts behind fair use based on the “four factors” described below to determine whether to upload a video that uses copyrighted content without permission. It can be difficult to predict what a court will do with a particular case, but understanding the factors will help give you a sense of how risky your use might be.

Who decides what does and does not count as fair use?
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