Fair Use Checklist


Material Information

Fair Use Checklist
Physical Description:
Fruin, Christine


Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Christine Fruin.

Record Information

Source Institution:
University of Florida Institutional Repository
Holding Location:
University of Florida
Rights Management:

This item is licensed with the Creative Commons Attribution Non-Commerical License. This license lets others remix, tweak, and build upon this work non-commercially, and although their new works must also acknowledge the author and be non-commercial, they don’t have to license their derivative works on the same terms.
System ID:

This item is only available as the following downloads:

Full Text


FAIR USE CHECKLIST For each of the four factors, check as many statements as apply. Where the factors favoring "fair use" outnumber the factors weighing against a finding of "fair use," reliance on the fair use exception is justified. Where less than half of the factors favor "fair 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 Christine Fruin, Scholarly Com munications Librarian at christine.ross@ufl.edu or (352) 273 2710 for additional assistance This checklist is not a substitute for legal advice and does not insure against liability for copyright infringeme nt. Rather, this 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 whether a proposed use falls within the fair use exception For more information regarding copyright and fair use, please see the informa tion and resources available at http://guides.uflib.ufl.edu/copyright FACTOR 1: PURPOSE AND CHARACTER OF USE Facts Favor ing Fair Use Facts Opposing Fair Use Nonprofit educational institution Com mercial Activity Use supports teaching Profit from use Research or Scholarship Entertainment Criticism, comment, news reporting or parody N on 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 nonfiction ; technical Highly creative work (art, music, film, fict ion, dramatic work) Essential for learning objectives Consumable work (workbook, test book) Weight in Favor of Fair Use Weight Against Fair Use


FACTOR 3: AMOUNT AND SUBSTANTI ALITY 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 P ortion used is centra Selection is narrowly tailored to educational purpose, such as criticism, comment, research, or subject matter Selection is more than necessar y 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 repeti tive 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 institution owns lawfully acquired or purchased copy of original work Individual or institution does not own a lawfully acquired or purch ased 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 copie s made or distributed Weight in Favor of Fair Use Weight Against Fair Use