Which factor is not typically considered in evaluating fair use?

Which factor is not typically considered in evaluating fair use?

• A. Price of the original work
• B. Purpose and character of use
• C. Nature of the copyrighted work
• D. Amount and substantiality of the portion used

Answer: (A)

Fair use is judged using four factors that weigh how a use fits the purposes of copyright exceptions. The price of the original work is not part of that analysis. What matters are the purpose and character of the use (for example, is it for critique, commentary, education, or a transformative use), the nature of the copyrighted work (creative versus factual, published versus unpublished), the amount and substantiality of the portion used (how much and how important that part is to the whole), and the effect of the use on the market for the original (whether it would harm licensing opportunities or substitute for the original). Because price isn’t a factor in any of these considerations, it isn’t used to determine fair use, while the other factors guide the assessment.

Fair use is judged using four factors that weigh how a use fits the purposes of copyright exceptions. The price of the original work is not part of that analysis. What matters are the purpose and character of the use (for example, is it for critique, commentary, education, or a transformative use), the nature of the copyrighted work (creative versus factual, published versus unpublished), the amount and substantiality of the portion used (how much and how important that part is to the whole), and the effect of the use on the market for the original (whether it would harm licensing opportunities or substitute for the original). Because price isn’t a factor in any of these considerations, it isn’t used to determine fair use, while the other factors guide the assessment.