 If the derivative market was one that the copyright holder would generally develop or license, a secondary author would be barred from entering it.On the other hand, if the market was one generally protected by fair use, such as criticism, parody, or academic scholarship, the copyright holder could not enter those markets and attempt to preclude secondary authors from entering.The court noted that the four factors enumerated in the fair use statute are not exclusive, but are only a guide in the analysis.