Item Favoring Fair Use
Factual or nonfiction based
Explanation
"Copyright Guidelines for Educators" provides a nice summary of the what is meant by the nature of the copyrighted work.
Fair us is more likely to be found when the copyrighted work that has been used is factual in nature, or perhaps, based on public documents, rather than when it consists entirely of creative elements, as in the case of a novel. As a practical matter, very few works are either entirely factual or creative, and so, this remains one of the more difficult criteria upon which to base any judgment.
The more creative a work — especially music, art, and other non-text materials — the less likely it can be copied under fair use.
