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q Published work q Factual or nonfiction based q Important to favored educational objectives | q Unpublished work q Highly creative work (art, music, novels, films, plays) q Fiction |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