 Indeed, the court reasoned that the 643 copied elements in the trivia questions was a substantial portion taken for the rather "straight forward" commentary of "Seinfeld"'s meaninglessness, and this weighed against fair use.The court noted that the fourth factor was not to be given the greatest weight, but to be taken equally with the other three in a determination of fair use.The analysis for market effect does not look to whether the secondary work detracts from market of the copyrighted work, but rather does it substitute the market of the original (the nature of copyright as a monopoly on publication does not permit a substitution).