Copyright Clearance Form 2011

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Juniata College Copyright Clearance Form!
rev 2011-08 v1
Fill out this form and include in your document at the front of your PDF on your P-­‐
Drive or Moodle. This will document copyright compliance.
Course Information
Name: ______________________________________ Date: ______________________________________ Course/Project: ___________________________________________________________
Semester/Year: ____________________________________________________________
PERMISSION TO USE
In some cases, requesting permission to use a copyrighted item can be far easier that proving Fair Use. Using at the College does NOT equal Fair Use!! Try the Copyright Clearance Center (http://www.copyright.com) and your College P-­‐Card. Permission granted date: __________________________
Permission granted by: ______________________________________________________
Permission period (semester and year): _____________________________________________
**If permission to use is granted, be sure to keep a copy of your order from the Copyright Clearance Center or other documentation on Eile. FAIR USE CHECKLIST
Must consider all 4 together. To be compliant, read the speciKics regarding the law. Try http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/ or other good sites. For more details see http://www.copyright.com/Services/
copyrightoncampus/basics/fairuse_list.html
1. Purpose
Classroom use, research, scholarship, parody favor fair use. Commercial use, entertainment oppose fair use.
2. Nature
Factual, non-­‐Eiction, published favor fair use. Fiction, creative work (art, music, novels) oppose fair use.
3. Amount
Small quantity, not central or signiEicant to whole favors fair use. Large portion or portion used is “the heart of the work” opposes fair use.
4. Effect
No similar product marketed by copyright holder, no effect on the market favors fair use.
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Juniata College Copyright Clearance Form!
rev 2011-08 v1
Factor 1: Purpose and Character of the Use
Weighs in Favor of Fair Use
Nonprofit Educational
Teaching (including multiple copies for
classroom use)
Research or Scholarship
Criticism, Comment, News
Reporting, or Parody
Transformative (use changes work for
new utility or purpose)
Personal Study
Use is necessary to achieve your
intended educational purpose
Weighs Against Fair Use
Commercial activity
Profiting from use
Entertainment
Non-transformative
For publication
For public distribution
Use exceeds that which is necessary
to achieve your intended educational
purpose
Factor 2: Nature of Copyrighted Work
Weighs in Favor of Fair Use
Published work
Factual or nonfiction work
Important to educational objectives
Weighs Against Fair Use
Unpublished work
Highly creative work (art, music,
novels, films, plays, poetry, fiction)
Consumable work (workbook, test)
Factor 3: Amount and Substantiality of Portion Used
Weighs in Favor of Fair Use
Small portion of work used
Portion used is not central or
significant to entire work as a whole
Amount taken is narrowly tailored to
educational purpose, such as criticism,
comment, research, or subject being
taught
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Weighs Against Fair Use
Large portion or entire work used
Portion used is central to work or
“heart of the work”
Amount taken is more than necessary
for criticism, comment, research, or
subject being taught
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Juniata College Copyright Clearance Form!
rev 2011-08 v1
Factor 4: Effect on Market for Original
Weighs in Favor of Fair Use
No significant effect on market or
potential market for copyrighted work
Use stimulates market for original
work
No similar product marketed by the
copyright holder
No longer in print
Licensing or permission unavailable
Supplemental classroom reading
One or few copies made or
distributed
User owns lawfully acquired or
purchased copy of original work
Restricted access (to students or
other appropriate group)
Weighs Against Fair Use
Significantly impairs market or
potential market for copyrighted work
or derivative
Licensing or permission reasonably
available
Numerous copies made or distributed
Repeated or long-term use that
demonstrably affects the market for
the work
Required classroom reading
User does not own lawfully acquired
or purchased copy of original work
Unrestricted access on the web or
other public forum
Based on the answers above, I claim fair use of this copyrighted work.
I further justify fair use on the following grounds:
This form draws from material in a similar form used at the University System of Georgia.
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