Re: fourth fair use factor

The statute itself refers to the "potential" market for, or value of, the protected work; and American Geophysical v. Texaco explores the assessment of likely vs. unlikely potential revenue-producing exploitation of the work by the copyright holder. The fact that the copyright holder is allowing the work to be copied for free might argue for or against the existence of a potential market, depending on the circumstances; but for authority on the indirect economic advantage that might be derived from allowing people to make copies for free, you can't do much better than Grokster's analysis of the first factor.

John Noble

At 4:55 PM -0400 10/26/06, Jessica R. Friedman wrote:
>Is anyone aware of a fair-use decision in which
>the court found that the fourth fair-use factor
>favored the plaintiff even though the
>plaintiff did not derive any monetary
>compensation from permitting people to reproduce
>its works? That is, the plaintiff permitted
>people to reproduce works from its Web site, but
>did not charge for the privilege?
>
>Jessica R. Friedman
>Attorney at Law
>757 Third Avenue
>Suite 1903
>New York, New York 10017
>Phone: 212-220-0900
>Fax: 212-973-9101
><mailto:jrfriedman[_at_]litproplaw.com>jrfriedman[_at_]litproplaw.com
>
>For more information:
><http://www.literarypropertylaw.com/>www.literarypropertylaw.com
>
>
>
>
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Received on Sat Oct 28 2006 - 01:09:13 GMT