Market Harm
The effect of a use on the value of or market for the copyrighted work.
CopyrightCurrent
Plain-English explanation
Market harm asks whether the new use replaces demand for the original or its ordinary licensing channels.
Legal meaning
The fourth fair use factor examines effect on the potential market for or value of the copyrighted work, including harm to licensing markets where they exist.
AI-specific relevance
Rights holders argue AI training and outputs cannibalize licensing markets for books, news, stock images, and code.
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