For the third factor the court looked at the quantitative and qualitative aspects of substantiality for the pictures. Quantitatively every photo from the wedding was published. The district court error in stating that only 6 out of 400 photos from the wedding were published. For the qualitative aspects because there was no modification or edits to the photos demonstrates that the "heart" of each individual copyrighted picture was published. Maya did not use a substantial amount of the photos, but performed a total appropriation, which weighs against fair use.
