Checklist for Fair Use

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Checklist for Fair Use Analysis

Fair use analysis is never entirely certain. This checklist is a tool to help you determine whether you may make or distribute copies of a work protected by copyright without permission from the copyright holder. If less than half the circumstances favor fair use, you should use a coursepack or put a paper copy on reserve in the library.

It is recommended that you complete and retain a copy of this form in connection with each “fair use” of a copyrighted work, and be sure to properly cite the work and include a copyright notice.

Class: Date:
Title of Work:
Portion to be Used:

Factor One—Purpose of the Use

Favoring Fair Use Disfavoring Fair Use
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Educational

  • Teaching (including multiple copies for classroom use)
  • Research
  • Scholarship
  • Criticism
  • Comment
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Commercial, entertainment or other use

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Transformative or Productive use (changes the work to serve a new purpose)

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Verbatim or exact copy, not transformative

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Nonprofit use

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Profit generating user

Factor Two—Nature of the Copyrighted Material

Favoring Fair Use Disfavoring Fair Use
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Factual, nonfiction, news

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Creative or consumable work (Art, music, feature film, fiction; workbook, case study, or test

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Published work

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Unpublished work

Factor Three—Amount Copied

Favoring Fair Use Disfavoring Fair Use
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Small quantity used (e.g. single chapter or journal article, other short excerpt, less than 10-15% of the whole work)

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Large portion or entire work

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Portion used is not central to work as a whole

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Portion used is central or the “heart” of the work

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Amount is appropriate to the educational purpose

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Includes more than necessary for educational purpose

Factor Four—Effect on the Market for the Original

Favoring Fair Use Disfavoring Fair Use
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No significant effect on the market or potential market for the copyrighted work

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Cumulative effect of copying would be to substitute for purchase of work

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One or few copies made and/or distributed

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Numerous copies are made and/or distributed

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No longer in print; absence of licensing mechanism

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Reasonably available licensing mechanism for obtaining permission exists (CCC license or off-prints for sale)

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Restricted access (Limited to students in a class or other appropriate group

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Copy will be available on the web or otherwise broadly distributed

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One-time, spontaneous use (no time to obtain permission)

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Repeated or long-term use

 


Based on “Checklist for Fair Use,” a project of the IUPUI Copyright Management Center, directed by Kenneth D. Crews, Associate Dean of the Faculties for Copyright Management.