0 Checklist for Fair Use
Checklist for Fair Use
Please complete this analysis to determine whether your proposed use of a copyrighted work may be used within the scope of fair use. Review the completed form with the Copyright Licensing Office, 422-9339 or in room 3760 HBLL. Print versions: PDF | Word Document

Name:


Date:


Position:


Intended Use:

Course: (if applicable)


Number of Students:


Term for which the item is needed:
Fall
Winter
Spring
Summer

Year for which the item is needed:
Citation/Description
Author/Editor/Translator:


Publisher:
Book/Journal Title:


Chapter/Article Title:
Purpose
Favors Fair Use
Teaching
Research
Scholarship
Criticism
Comment
Parody
News Reporting
Nonprofit Educational Institution
Restricted Access (Available only to students or other appropriate groups)
Transformative or Productive Use (Changes the work for new utility; adds value to the work; or does not diminish the market)
Opposes Fair Use
Commercial Activity (Ask, will this be sold?)
Profiting from the use
Entertainment
Bad-faith behavior (Ignoring Copyright Law)
Denying credit to original author (Lack of or no attribution given to original author)
Nature
Favors Fair Use
Published work
Factual or nonfiction based
Important to favored educational objectives
Opposes Fair Use
Unpublished work
Highly creative work (Art, music, novels, films, plays)
Fiction
Amount
What amount of the copyrighted work will be used? You should measure the amount of material both quantitatively and qualitatively. Evaluate quantity relative to the length of the entire work and the amount needed. (The reproduction of an entire work weighs against fair use.) A reproduction that is relatively small but still uses the "heart" of the work will also weigh against fair use.
Favors Fair Use
Small quantity of work to be used
Portion used is not central or significant to entire work
Amount is appropriate for favored educational purpose
Opposes Fair Use
Large portion or entire work to be used
Portion used is central to work or "heart of the work"
Effects
What is the effect on the market or potential market if this item is used? Reproduction that substitutes for the purchase of the original weighs heavily against fair use.
Favors Fair Use
User owns lawfully acquired or purchased copy of original work
One or few copies made
No significant effect on the market or potential market for the copyrighted work
No similar product marketed by the copyright holder
Lack of licensing mechanism
Opposes Fair Use
Could replace sale of copyrighted work
Significantly impairs market or potential market for copyrighted work or derivative
Reasonably available licensing mechanism for use of the copyrighted work
Affordable license fee available for using work
Numerous copies made
Made openly accessible on the internet or in other public forum
Repeated or long-term use desired


Completed Analysis
Check one of the following statements after completing the checklist.
Based on the fair use analysis completed above, I have determined that my use of the material falls within the fair use exception.

Based on the fair use analysis completed above, I have determined that my use of the material does not fit within the fair use exception. I will attempt to obtain permission from the copyright owner before using the materials.

Signature:__________________________________

Date:
Adapted from documents prepared by the Copyright Management Center, Indiana University, Purdue University Indianapolis;
University of North Carolina's 2001 Copyright Policy; and existing copyright documents for Brigham Young University