Which of the following is NOT a factor considered for Fair Use?

The consideration of Fair Use is a nuanced assessment that takes into account several factors to evaluate whether specific uses of copyrighted material can be deemed permissible without the authorization of the copyright owner. Among the four factors designated by the law—namely, 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 or value of the original work—the profit motive behind the use is not explicitly one of those factors.

Instead, Fair Use is primarily concerned with whether the use serves a transformative purpose, such as criticism, comment, news reporting, teaching, scholarship, or research, irrespective of a commercial motive. While the market effect of the use is a genuine factor considered in determining Fair Use (as it assesses whether the new use could negatively impact the market for the original work), the nature of the protected work helps to establish how creative or factual the original work is, and the quantity of the work used serves to gauge the extent to which the original material is appropriated.

The emphasis on whether the use is for commercial benefit versus nonprofit educational purposes does not factor directly into the Fair Use analysis, which allows for nonprofit uses to be considered Fair Use under certain conditions