Nature
Rationale: This factor examines characteristics
of the work being used. It does not refer to attributes of the work
that one creates by exercising fair use. Many characteristics of
a work can affect the application of fair use. For example, several
recent court decisions have concluded that the unpublished "nature" of
historical correspondence can weigh against fair use. The courts
reasoned that copyright owners should have the right to determine the circumstances
of "first publication." The authorities are split, however, on whether
a published work that is currently out of print should receive special
treatment. Courts more readily favor the fair use of nonfiction rather
than fiction. Commercial audiovisual works generally receive less
fair use than do printed works. A consumable workbook will most certainly
be subject to less fair use than a printed social science text.
Copyright
& Fair Use