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: |
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Favoring Fair Use
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Opposing Fair Use
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Teaching (including multiple copies for classroom use)
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YES / NO
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Commercial activity
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YES / NO
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Research
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YES / NO
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Profiting from the use
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YES / NO
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Scholarship
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YES / NO
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Entertainment
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YES / NO
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Nonprofit educational institution
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YES / NO
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Bad-faith behavior
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YES / NO
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Criticism
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YES / NO
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Denying credit to original author
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YES / NO
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Favoring Fair Use
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Opposing Fair Use
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Published work
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YES / NO
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Unpublished work
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YES / NO
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Portion used is not central or significant to entire work
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YES / NO
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Highly creative work (art, music, novel, film, play)
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YES / NO
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Amount is appropriate for favored educational purpose
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YES / NO
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Fiction
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YES / NO
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Favoring Fair Use
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Opposing Fair Use
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Small quantity
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YES / NO
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Large portion or whole work used
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YES / NO
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Portion used is not central or significant to entire work
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YES / NO
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Portion used is central to work or "heart of the work"
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YES / NO
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Amount is appropriate for favored educational purposes
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YES / NO
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Favoring Fair Use
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Opposing Fair Use
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User owns lawfully acquired or purchased copy of original work
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YES / NO
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Could replace sale of copyrighted work
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YES / NO
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No significant effect on the market or potential market for copyrighted work
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YES / NO
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Reasonably available licensing mechanism for use of copyrighted work
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YES / NO
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No similar product marketed by the copyright holder
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YES / NO
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Affordable permission available for using work
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YES / NO
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Lacking of a licensing mechanism
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YES / NO
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Numerous copies made
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YES / NO
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You made it accessible on the World Wide Web or in other public forum
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YES / NO
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Repeated or long-term use
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YES / NO
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