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Complete and retain a copy of this checklist for each “fair use” of a copyrighted work in order to establish a “reasonable and good faith” attempt at applying fair use should any dispute regarding such use arise.
Factor 1: Purpose and Character of the Use |
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|---|---|
Weighs in Favor of Fair Use | Weighs Against Fair Use |
□ Nonprofit Educational Institution | □ Commercial activity, profit from use |
□ Used for Purpose of Teaching (including multiple copies for classroom use) and/or Scholarship or Criticism, Comment, News Reporting, or Parody | □ For public distribution |
□ Used for noncommercial, nonprofit educational use | □ Used for entertainment |
□ Transformative (use changes work for new utility or purpose) | □ Mirror image copying |
□ Use is necessary to achieve your intended educational purpose | □ Use exceeds that which is necessary to achieve your intended educational purpose |
___ _Factors Weighing in Favor of Fair Use_ | ___ _Factors Weighing Against Fair Use_ |
Factor 2: Nature of Copyrighted Work |
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Weighs in Favor of Fair Use | Weighs Against Fair Use |
□ Published work | □ Unpublished work |
□ Factual/informational and educational in nature or nonfiction work | □ Fiction or highly creative work (art, music, novels, films, plays, poetry) |
□ Non-consumable work | □ Consumable work (workbook, test) |
__ Factors Weighing in Favor of Fair Use | ___ _Factors Weighing Against Fair Use_ |
Factor 3: Amount and Substantiality of Portion Used |
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Weighs in Favor of Fair Use | Weighs Against Fair Use |
□ Decidedly small portion of work used (no more than 10% of work not divided into chapters or having less than 10 chapters or nomore than 1 chapter of a 10 or more chapter work) | □ Large portion or entire work used (more than 10% of work not divided into chapters or having less than 10 chapters or more than 1 chapter of a 10 or more chapter work) |
□ Portion used is not central or significant to entire work as a whole | □ Portion used is central to work or “heart of the work” |
□ Amount taken is narrowly tailored to accomplish a demonstrated, legitimate purpose in the course curriculum and must be narrowly tailored to accomplish that purpose | □ Amount taken is more than necessary to accomplish a demonstrated, legitimate purpose in the course curriculum or is not narrowly tailored to accomplish a demonstrated legitimate purpose in the course curriculum |
□ Access limited to students enrolled in course for only the term of the course | □ Access not limited |
___ _Factors Weighing in Favor of Fair Use_ | _ _Factors Weighing Against Fair Use |
Factor 4: Effect on Market for Original |
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Weighs in Favor of Fair Use | Weighs Against Fair Use |
□ Permission for digital excerpt is not readily available from publisher or Copyright Clearance Center at a reasonable price | □ Permission for digital excerpt is readily available from publisher or Copyright Clearance Center at a reasonable price |
□ Decidedly small portion used | □ Large portion or entire work used |
□ User owns lawfully acquired or purchased copy of original work | □ User does not own lawfully acquired or purchased copy of original work |
□ Use stimulates market for original work |
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___ _Factors Weighing in Favor of Fair Use_ | ___ _Factors Weighing Against Fair Use_ |
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Revised for use at Drew University based on the Fair Use Checklists of the University System of Georgia, http://www.usg.edu/images/copyright_docs/fair_use_checklist.pdf _and Columbia University, http://www.copyright.columbia.edu/fair-use-checklist_
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\[[1]\|#_ftnref1\]\[1\] The right of attribution protects the author's right to be known as the creator of a work, prevents others from claiming that authorship and from having other works falsely attributed to him or her. The right of integrity refers to an author's right to prevent alteration of the work that would jeopardize the author’s honor or reputation. \\ |