Which of the following is a factor considered in US fair use?

Which of the following is a factor considered in US fair use?

• A. Purpose and character
• B. Market viability of the original
• C. Publication date of the work
• D. Public opinion about the work

Answer: (A)

In US fair use, one of the four factors looks at the purpose and character of the use. This asks why and how the material is used—whether the use is transformative (adding new expression, meaning, or value) and whether it serves criticism, commentary, education, or nonprofit purposes versus purely commercial aims. This factor often weighs in positively for uses that change the original in a meaningful way rather than merely duplicating it. The other options aren’t stand-alone fair-use factors. The effect on the market for the original (or for derivative works) is the fourth factor, focusing on potential harm to licensing opportunities or value. Publication date and public opinion aren’t part of the fair-use framework.

In US fair use, one of the four factors looks at the purpose and character of the use. This asks why and how the material is used—whether the use is transformative (adding new expression, meaning, or value) and whether it serves criticism, commentary, education, or nonprofit purposes versus purely commercial aims. This factor often weighs in positively for uses that change the original in a meaningful way rather than merely duplicating it.

The other options aren’t stand-alone fair-use factors. The effect on the market for the original (or for derivative works) is the fourth factor, focusing on potential harm to licensing opportunities or value. Publication date and public opinion aren’t part of the fair-use framework.