CHECKLIST FOR FAIR USE
Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project
Name:_________________________________
Date:____________
Institution:______________________________
Project:_________________________________
Prepared by:_________________________________
PURPOSE
Favoring Fair Use
R
R
R
R
R
R
R
R
R
R
Opposing Fair Use
Teaching (including multiple copies for classroom use)
Research
Scholarship
Nonprofit Educational Institution
Criticism
Comment
News reporting
Transformative or Productive use (changes the work for new utility)
Restricted access (to students or other appropriate group)
Parody
R
R
R
R
R
Commercial activity
Profiting from the use
Entertainment
Bad-faith behavior
Denying credit to original author
NATURE
Favoring Fair Use
R Published work
R Factual or nonfiction based
R Important to favored educational objectives
Opposing Fair Use
R Unpublished work
R Highly creative work (art, music, novels, films, plays)
R Fiction
AMOUNT
Favoring Fair Use
R Small quantity
R Portion used is not central
or significant to entire work
R Amount is appropriate for favored educational purpose
Opposing Fair Use
R Large portion or whole work used
R Portion used is central to work
or "heart of the work"
EFFECT
Favoring Fair Use
R User owns lawfully acquired
or purchased copy of original work
R One or few copies made
R No significant effect on the market or
potential market for copyrighted work
R No similar product marketed by the copyright holder
R Lack of licensing mechanism
Opposing Fair Use
R Could replace sale of copyrighted work
R Significantly impairs market or potential
market for copyrighted work or derivative
R Reasonably available licensing mechanism
for use of the copyrighted work
R Affordable permission available for using work
R Numerous copies made
R You made it accessible on Web or in other public forum
R Repeated or long-term use
This document is provided as a courtesy of the Copyright Management Center, IUPUI, 530 W. New York St., Indianapolis, IN 46202.
For further information and updates please visit http://www.copyright.iupui.edu/. This document last updated March 10, 2003.