Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.

Name:
Institution:
Project:
Date:
Prepared by:

Favoring Fair Use
 
Opposing Fair Use
 

Teaching (including multiple copies for 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

             
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Unpublished work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

 
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

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

Print Checklist
Originally developed by The Copyright Management Center, Indiana University.
Copyright © 2002 Indiana University - Used with permission.