Effect
What is the effect of the use on the potential market or value of the copyrighted work?
Favoring fair dealing
- [+] The work is NOT currently under commercial exploitation (out of print, no licensing available, etc.)
- [+] A market for the work as it will be used is absent or is negligible & use of the work will have little or no negative impact on its value or potential value
- [+] Use of the work minimizes the potential for unauthorized use that could impact its value (i.e. steps are taken to ensure the content is not used outside of the stated purpose or audience)
- [+] Use of the work has the potential to create or improve the market for the work
Opposing fair dealing
- [-] The work is currently under commercial exploitation (in-print, clear licensing available, etc.) and the reproduction substitutes for purchasing or licensing a copy
- [-] The work already has an established market, or the clear potential for a future market as it is being used
- [-] The work is used in a way that would allow for unauthorized use that could negatively impact on its value
- [-] Use of the work has the potential to damage the market for the work or its potential value (reduce profits, damage or put market at jeopardy, etc.)
