Factor #4 Market Effect of Use

Possible Fair Use

Little effect on this factor

Permission likely to be required

  • After review of the first 3 factors, proposed use is tipping toward fair use

  • Original is out of print or unavailable

  • No ready market permission

  • Copyright owner is unidentifiable

  • Competes with original in copyright holder's market

  • Avoids payment

Adapted from Copyright Crash Course: Fair Use of Copyrighted Materials. Used with permission.