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Checklist for Fair Use

Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project (course , lecture, syllabus, etc.).

Refer to the Introduction to the Fair Use Checklist for additional explanations and suggestions.

Faculty Name:

Course title and number or project title:

Year/Term:

Date:

Prepared by (if other than faculty):

You are likely to check boxes across columns. Some checked boxes will “favor fair use,” and others may “oppose fair use.” A key concern is whether you are acting reasonably in checking any given box; the ultimate concern is whether the cumulative “weight” of the factors favors or opposes fair use.

PURPOSE

Favoring Fair Use Opposing Fair Use

Teaching (including multiple copies for classroom use)

Commercial activity

Research

Profiting from the use

Scholarship

Entertainment

Nonprofit Educational Institution

Bad-faith behavior

Criticism

Denying credit to original author

Comment

News reporting

Transformative or Productive use (changes the work for new utility)

Restricted access (to students or other appropriate group)

Parody

NATURE

Favoring Fair Use Opposing Fair Use

Published work

Unpublished work

Factual or nonfiction based

Highly creative work (art, music, novels, films, plays)

Important to favored educational objectives

Fiction

AMOUNT

Favoring Fair Use Opposing Fair Use

Small quantity

Large portion or whole work used

Portion used is not central or significant to entire work

Portion used is central to work or 'heart of the work'

Amount is appropriate for favored educational purpose

EFFECT

Favoring Fair Use Opposing Fair Use

User owns lawfully acquired or purchased copy of original work

Could replace sale of copyrighted work

One or few copies made

Significantly impairs market or potential market for copyrighted work or derivative

No significant effect on the market or potential market for copyrighted work

Reasonably available licensing mechanism for use of the copyrighted work

No similar product marketed by the copyright holder

Affordable permission available for using work

Lack of licensing mechanism

Numerous copies made

You made it accessible on Web or in other public forum

Repeated or long term use

This Checklist is adapted with permission from the Checklist for Fair Use prepared by the Copyright Management Center at Indiana University Purdue University Indianapolis, Dec. 2007.