Is It Fair Use?

Market Impact

The more you have an impact on the copyright owner's potential market value of their work, the less likely the court will consider your use fair. Context matters; after all, reviews can have a large market impact but still receive Fair Use protections. Likewise, the court may find that your work has a significant market impact even if you don't directly affect the original work. For example, even if an author isn't actively pursuing making his book into a movie, the court would find that an unauthorized movie has a market impact on the author. This is because it deprives him of his ability to later create or license a movie.

Types of Market Impact:


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