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Fair Use Checklist

University of Florida Institutional Repository
Permanent Link: http://ufdc.ufl.edu/IR00002511/00001

Material Information

Title: Fair Use Checklist
Physical Description: professional development resource
Creator: Fruin, Christine
Publisher: George A. Smathers Libraries, University of Florida
Place of Publication: University of Florida
Publication Date: May 1, 2013

Subjects

Genre: professional development resource
Spatial Coverage:

Notes

Abstract: This checklist is intended to be used by contributors to the UFDC Teacher Resources Collection and others wanting some guidance in making a determination of whether fair use exists for a proposed use. It is not a substitute for legal advice and does not insure against liability for copyright infringement. This checklist was developed as a deliverable for the UFDC Teacher Resources Collection project (MG 28), funded by the George A. Smathers Libraries minigrant program in Spring 2013.
Acquisition: Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Marilyn Ochoa.
Publication Status: Published

Record Information

Source Institution: University of Florida Institutional Repository
Holding Location: University of Florida
Rights Management: All rights reserved by the submitter.
System ID: IR00002511:00001

Permanent Link: http://ufdc.ufl.edu/IR00002511/00001

Material Information

Title: Fair Use Checklist
Physical Description: professional development resource
Creator: Fruin, Christine
Publisher: George A. Smathers Libraries, University of Florida
Place of Publication: University of Florida
Publication Date: May 1, 2013

Subjects

Genre: professional development resource
Spatial Coverage:

Notes

Abstract: This checklist is intended to be used by contributors to the UFDC Teacher Resources Collection and others wanting some guidance in making a determination of whether fair use exists for a proposed use. It is not a substitute for legal advice and does not insure against liability for copyright infringement. This checklist was developed as a deliverable for the UFDC Teacher Resources Collection project (MG 28), funded by the George A. Smathers Libraries minigrant program in Spring 2013.
Acquisition: Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Marilyn Ochoa.
Publication Status: Published

Record Information

Source Institution: University of Florida Institutional Repository
Holding Location: University of Florida
Rights Management: All rights reserved by the submitter.
System ID: IR00002511:00001


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PAGE 1

FAIR USE CHECKLIST For each of the four factors, check as many stat ements as apply. Where the factors favoring "fair use" outnumber the factors wei ghing against a finding of "fair use," reliance on the fair use exception is justified. Where less th an half of the factors favor "f air use," permission should be obtained before copying or disseminating copies of the work. Where the factors appear evenly split or you have questions about interpretation, please feel free to contact ((INSERT CONTACT INFO HERE)) for additional assistance. This checklist is not a substitute for legal ad vice and does not insure against liability for copyright infringement. Rather, th is checklist is a tool to assist in making a determination of whether fair use exists for a proposed use. Not all of the facts will be present in any given situation. Check only those facts that apply to your use. No single item or factor is determinative of fair use; rather, it is a balancing of all facts that determines wh ether a proposed use falls within the fair use exception. For more information regarding copyright and fair use, please see the in formation and resources available at ((WEBSITE)). FACTOR 1: PURPOSE AND CHARACTER OF USE Facts Favoring Fair Use Facts Opposing Fair Use Nonprofit educational institution Commercial Activity Use supports teaching Profit from use Research or Scholarship Entertainment Criticism, comment, news reporting or parody Non-transformative – use fulfils original purpose Transformative – work is used for different purpose than original utility For publication Personal study For public distribution Use is necessary to achieve pedagogical goals Use exceeds that which is necessary for stated educational purpose Weight in Favor of Fair Use Weight Against Fair Use FACTOR 2: NATURE OF THE WORK Facts Favoring Fair Use Facts Opposing Fair Use Published work Unpublished work Factual or nonf iction; technical Highly creative work (art, music, film, fiction, dramatic work) Essential for learning objectives Consumable work (workbook, test book) Weight in Favor of Fair Use Weight Against Fair Use

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FACTOR 3: AMOUNT AND SUBST ANTIALITY OF PORTION USED Facts Favoring Fair Use Facts Opposing Fair Use Small portion of work used Large portion or entire work used Portion used is not central or significant to crux of the entire work Portion used is central to work or “heart of the work” or a “spoiler” Selection is narrowly tailored to educational purpose, such as criticism, comment, research, or subject matter Selection is more than necessary for criticism, comment, research, or subject matter of the course Weight in Favor of Fair Use Weight Against Fair Use FACTOR 4: EFFECT ON THE MARKET Facts Favoring Fair Use Facts Opposing Fair Use Absence of significant effect on market for copyrighted work Significantly impairs market or potential market for work or its derivative Use stimulates market for original work Use is repetitive and long-term, affecting the market for the work No similar product marketed by rights holder Reasonably available licensing mechanism for use of the work Licensing or permission unavailable Affordable permission available for use of work Individual or inst itution owns lawfully acquired or purchased c opy of original work Individual or inst itution does not own a lawfully acquired or pu rchased copy of the original work Access restricted to students enrolled in course Unrestricted access on the web or in some other public forum One or few copies made Numerous copies made or distributed Weight in Favor of Fair Use Weight Against Fair Use