Fair Use Checklist
Fair Use Checklist
| PURPOSE | ||||||
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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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 | ||||||
Favoring Fair Use |
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Opposing Fair Use |
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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Unpublished work |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 | ||||||
Favoring Fair Use |
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Opposing Fair Use |
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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 | ||||||
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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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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