A student creates a parody of a popular song, changing the lyrics to humorously comment on current events. Which fair use factor is illustrated in the scenario?
Amount Reused
Purpose of Copyrighted Work
Nature of Copyrighted Work
Effect on Potential Marke
Effect on Potential Market
The fair use factor illustrated in this scenario is the "Purpose of Copyrighted Work".
The fair use factor illustrated in the scenario is the "Purpose of Copyrighted Work."
To determine whether the use of copyrighted material qualifies as fair use or not, four factors are considered:
1. The purpose and character of the use: This factor considers whether the use is transformative or adds something new to the original work. Parodies, like the one in the scenario, often change the lyrics to humorously comment on current events, which can be considered transformative.
2. The nature of the copyrighted work: This factor looks at the type of work being used. Creative works, such as songs, are usually entitled to a higher degree of protection than factual or informational works. However, because the parody is transforming the original song, it is likely to favor fair use.
3. The amount and substantiality of the portion used: This factor considers how much of the copyrighted work is used. Parodies often reuse a significant portion of the original song to maintain recognizable elements, but the use must be justified by the transformative nature of the parody.
4. The effect of the use on the potential market: This factor assesses whether the use of copyrighted material would harm the market value or potential sales of the original work. In the case of a parody, as long as it does not act as a substitute for the original song and does not negatively impact the market, this factor usually supports fair use.
Out of these four factors, the scenario specifically mentions that the lyrics are changed to humorously comment on current events, which highlights the transformative nature of the use. Therefore, the fair use factor of "Purpose of Copyrighted Work" is illustrated in this scenario.