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 |
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| Favoring Fair Use | Opposing Fair Use | |||
|---|---|---|---|---|
Teaching (including multiple copies for classroom use) |
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Commercial activity |
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Research |
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Profiting from the use |
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Scholarship |
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Entertainment |
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Nonprofit Educational Institution |
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Bad-faith behavior |
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Criticism |
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Denying credit to original author |
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Comment |
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News reporting |
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Transformative or Productive use (changes the work for new utility) |
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Restricted access (to students or other appropriate group) |
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Parody |
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NATURE |
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| Favoring Fair Use | Opposing Fair Use | |||
Published work |
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Unpublished work |
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Factual or nonfiction based |
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Highly creative work (art, music, novels, films, plays) |
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Important to favored educational objectives |
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Fiction |
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AMOUNT |
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| Favoring Fair Use | Opposing Fair Use | |||
Small quantity |
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Large portion or whole work used |
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Portion used is not central or significant to entire work |
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Portion used is central to work or 'heart of the work' |
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Amount is appropriate for favored educational purpose |
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EFFECT |
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| Favoring Fair Use | Opposing Fair Use | |||
User owns lawfully acquired or purchased copy of original work |
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Could replace sale of copyrighted work |
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One or few copies made |
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Significantly impairs market or potential market for copyrighted work or derivative |
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No significant effect on the market or potential market for copyrighted work |
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Reasonably available licensing mechanism for use of the copyrighted work |
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No similar product marketed by the copyright holder |
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Affordable permission available for using work |
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Lack of licensing mechanism |
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Numerous copies made |
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You made it accessible on Web or in other public forum |
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Repeated or long term use |
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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.