Once a determination was made that no verbatim copying occured, the court examined whether the copy conjured up or recalled just enough of the original's expression to bring it to the mind of the audience. In subsequent cases, this test has resulted in uneven findings of infringement or fair use in similar situations. It is similar to the second factor in that close or verbatim copying, especially in the obscene parody area could result in the trade dilution of the copyright owners property. In normal parody cases the effect on the potential market should outweigh in importance the value of the copyrighted work. This factor, which courts consider crucial, should take on less importance in obscene parody cases as this form of expression rarely replaces the market for or affects the value of the original.
Obscene parody is aimed at an entirely different market.
An obscene parody rarely becomes widespread. In most cases it is limited to one use and is not adapted by others seeking to appropriate expression. Obscenity's limited audience ensures that the use will not spread thus limiting the affect on the potential market. In the obscene parody cases plaintiffs have shown no affect on the market for their copyrighted works. These potential markets distinctly differ from markets for obscene parody.