Copyright Basics: Fair Use

Determining Fair Use

Exceptions for Libraries and Archives

Exceptions for the use of Materials in an Educational Setting

 
Fair Use Check List
Test Your Copyright Knowledge
What You Need To Know

The following Checklist for Fair Use is based on a document created by Professor Kenneth Crews and the staff of the Copyright Management Center at Indiana University-Purdue University Indianapolis. Based on the four factors of fair use—purpose, nature, amount and effect—the checklist was created to help educators, librarians and others evaluate content uses to determine if fair use applies. This tool provides an important means for recording your fair use analysis, which is critical to establishing "reasonable and good-faith" attempts to apply fair use. Click here for more information on the Copyright Management Center at Indiana University-Purdue University Indianapolis.

Purpose
Favoring Fair Use Opposing Fair Use
Directly related to classroom use Commercial activity
Research Profiting from the use
Scholarship Entertainment
Nonprofit Educational Institution Bad-faith behavior
Criticism Denying credit to original author
Comment    
News reporting    
Transformative or Productive use (changes the work for new utility)    
Restricted access (to students or other appropriate group)    
Parody    
       
Nature
Favoring Fair Use Opposing Fair Use
Published work Unpublished work
Factual or nonfiction based Highly creative work (art, music, novels, films, plays)
Important to favored educational objectives Fiction
       
Amount
Favoring Fair Use Opposing Fair Use
Small quantity Large portion or whole work used
Portion used is not central or significant to entire work Portion used is central to work or "heart of the work"
Amount is appropriate for favored educational purpose    
       
Effect
Favoring Fair Use Opposing Fair Use
User owns lawfully acquired or purchased copy of original work Could replace sale of copyrighted work
One or few copies made Impairs market or potential market for copyrighted work or derivative
No significant effect on the market or potential market for copyrighted work Available licensing mechanism for use of the copyrighted work
No similar product marketed by the copyright holder Permission available for using work
    Numerous copies made
    You made it accessible on Web or in other public forum
    Repeated or long term use