Which is not a main factor when U.S. courts analyze fair use?

(A) Purpose and character of the use.

(B) Effect on the copyright owner’s ability to profit.

(C) Portion of the original work used.

(D) Location of the copyright owner.

Explanation

When analyzing cases, U.S. courts don’t look at the location of the copyright owner because it applies to citizens of any country.

When analyzing a specific case, U.S. courts look at the four factors of fair use outlined below.

  • The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
  • The nature of the copyrighted work.
  • The effect of the use upon the potential market for, or value of, the copyrighted work.

Conclusion

This question is a part of the Understanding content ownership lesson from the Digital Music rights on YouTube unit and the “Navigate copyright permissions” lesson from the YouTube Content Ownership course.

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