> If the service is fair use, then whether they own physical > copies or not is immaterial, since the users ownership of > physical copies of the work is n

> If the service is fair use, then whether they own physical > copies or not is immaterial, since the users ownership of > physical copies of the work is not one of the factors > called to be considered in fair use analysis. I've wondered this also. Can you point to case law for this? I've seen some seemingly authoritative sites[1] suggest that owning a legal copy is a mitigating factor under "Market Effect". Separately, I've seen some reference to opinions that say that the "Four Factors" are just a starting point, and that other factors (presumably including legal ownership) can also be considered. For example, here[2] Posner says "the four factors are a checklist of things to be considered rather than a formula for decision" and "the factors and purposes are not exhaustive". [1] https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html [2] http://www.techlawjournal.com/courts2003/ty/20020530.asp http://www.techlawjournal.com/courts2003/ty/20020530.asp