Checklist for Fair Use

The Checklist for Fair Use is a helpful tool for the academic comunity, serving two purposes. First, it should help educators, librarians and others focus on factual circumstances important to the evaluation of a contemplated fair use of copyrighted works.

The second purpose is to provide an important means for recording your decision-making process. Maintaining a record of your fair-use analysis is critical to establishing your "reasonable and good-faith" attempts to apply fair use to meet  your educational objectives.

As you use the checklist, you are likely to check more than one box in each column and even check boxes across columns. Some will "favor fair use," while others may "oppose fair use." A key concern is whether you are acting reasonably in checking a box; an ultimate concern is whether the cumulative "weight" of the factors favors or opposes fair use. Because you are most familiar with your project, you're probably in the best position to make that decision.

Adapted from: April 1, 2004 - Copyright Indiana University, used with permission.

CHECKLIST FOR FAIR USE

Please complete and retain a copy of this form. 

NAME:
INSTITUTION:
PROJECT:  
DATE:
PREPARED BY:

PURPOSE

Favoring Fair Use

Opposing Fair Use

Teaching (including multiple copies for classroom use)

YES / NO

Commercial activity

YES / NO

Research

YES / NO

Profiting from the use

YES / NO

Scholarship

YES / NO

Entertainment

YES / NO

Nonprofit educational institution

YES / NO

Bad-faith behavior

YES / NO

Criticism

YES / NO

Denying credit to original author

YES / NO

NATURE

Favoring Fair Use

Opposing Fair Use

Published work

YES / NO

Unpublished work

YES / NO

Portion used is not central or significant to entire work

YES / NO

Highly creative work (art, music, novel, film, play)

YES / NO

Amount is appropriate for favored educational purpose

YES / NO

Fiction

YES / NO

AMOUNT

Favoring Fair Use

Opposing Fair Use

Small quantity

YES / NO

Large portion or whole work used

YES / NO

Portion used is not central or significant to entire work

YES / NO

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

YES / NO

Amount is appropriate for favored educational purposes

YES / NO

 

EFFECT

Favoring Fair Use

Opposing Fair Use

User owns lawfully acquired or purchased copy of original work

YES / NO

Could replace sale of copyrighted work

YES / NO

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

YES / NO

Reasonably available licensing mechanism for use of copyrighted work

YES / NO

No similar product marketed by the copyright holder

YES / NO

Affordable permission available for using work

YES / NO

Lacking of a licensing mechanism

YES / NO

Numerous copies made

YES / NO

 

 

You made it accessible on the World Wide Web or in other public forum

YES / NO

 

Repeated or long-term use

YES / NO