The court reviewed the fair use factors in turn and ultimately found in favor of the plaintiff. The court held first factor, the purpose and character of the use, decisively weighed against fair use. The court found that the defendant’s use was commercial in nature because the videos were posted to social media for the purpose of increasing traffic to the defendant’s social media account. The defendant’s use was found to not be transformative because the music was not altered in anyway and there was no criticism or commentary included in the defendant’s videos.