Which factor does NOT contribute to the definition of fair use?

The factor that does not contribute to the definition of fair use is the popularity of the original work. Fair use is a legal doctrine that allows for limited use of copyrighted material without permission from the rights holder, and its determination is based on several specific criteria outlined in copyright law.

The purpose of the use is crucial; it assesses whether the use is for commercial or educational purposes, with educational uses typically favoring fair use. The amount of material used also plays a significant role; using a smaller portion of a work may weigh in favor of fair use compared to using the entirety of it. Additionally, the effect of the use on the market value of the original work is a key consideration—if the new use significantly harms the market for the original, it is less likely to be deemed fair use.

Popularity, while potentially relevant in a general sense, does not have a direct bearing on these legal standards. Fair use hinges more on how the material is used, how much is used, and its overall impact rather than how well-known or widespread the original work is.