Copyright Information

Fair Use Worksheet

• The worksheet below is a tool to aid in applying the four fair use factors to the use of copyrighted materials. (The fair use factors are from the United States Codes Title 17 - Copyrights Chapter 1 Sec 107.)
• With a particular use in mind read each section and check the appropriate boxes
• See how the balance tips with each answer
• Make a judgment about the final balance: overall does the balance tip in favor of fair use or in favor of getting permission?
• Retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.

PURPOSE (1)the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
Favors Fair Use		Favors getting permission
	Teaching (including multiple copies for classroom use)		Profiting from the use
	Research		Entertainment
	Scholarship		Bad-faith behavior
	Nonprofit Educational Institution		Denying credit to original author
	Criticism
	Comment
	News reporting
	Transformative or Productive use (changes the work for new utility)
	Restricted access (to students or other appropriate group)
	Parody

NATURE (2) the nature of the copyrighted work
Favors Fair Use		Favors getting permission
	Published work		Unpublished work
	Factual or nonfiction based		Highly creative work (art, music, novels, films, plays)
	Important to favored educational objectives		Fiction

AMOUNT (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole
Favors Fair Use		Favors getting permission
	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 (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors
Favors Fair Use		Favors getting permission
	User owns lawfully acquired or purchased copy of original work		Could replace sale of copyrighted work
	One or few copies made		Significantly impairs market or potential market for copyrighted work or derivative
	No significant effect on the market or potential market for copyrighted work		Reasonably available licensing mechanism for use of the copyrighted work
	No similar product marketed by the copyright holder		Affordable permission available for using work
	Lack of licensing mechanism		Numerous copies made
			You made it accessible on Web or in other public forum
			Repeated or long term use

Thanks to Indiana University - Purdue University Indianapolis Copyright Management Center for providing the basis for this document.

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