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. Initials:! 1 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 Initials:! 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 2 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. Initials:! 3