As per copyright act, the factors which are analyzed to determine whether a particular use of a copyrighted work are (1) purpose and character of the use, including whether the use is commercially motivated or not; (2) nature of the copyrighted work; (3) amount and substantiality of the portion used in the newly created work in relation to the copyrighted work; and (4) effect of the use upon the potential market for or value of the copyrighted work.