Which of the following is not one of the four factors that a court evaluates when determining if a defense to the fair-use doctrine applies?

A) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
B) The nature of the copyrighted work.
C) The amount and substantiality of the portion used in the relation to the copyrighted work as a whole.
D) How long the copyright has been in existence.
E) The effect of the use on the potential market for or the value of the copyrighted work.

Question

Kenedy Verdoni · Accepted Answer

Final Answer : D, Explanation :  The four factors courts evaluate for fair use do not include how long the copyright has been in existence. The factors are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the copyrighted work.

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