Factor two of fair use looks at the nature or subject matter of the work. Fair use generally favors non-fiction and fact-based works. Other conditions that tend to favor fair use with regard to this factor include whether the work is published (e.g., not a manuscript or personal letter) and whether it is a non-consumable work (e.g., not a workbook or exam form). Under the rulings made in the Georgia State case, the court determined, however, that this factor can weigh against fair use if the work principally comprises evaluative, analytical, or subjectively descriptive material that surpasses the bare facts necessary to communicate information or derives from the author’s experiences or opinions.
