Fair Use Checklist

Fair Use Checklist

Complete a copy of this form for each possible" fair use" of a copyrighted work and retain for your records.

Name:	Date	Project
Item Description/Title: Institution: Prepared by:

Purpose
Favoring Fair Use	Opposing Fair Use
Teaching Research Scholarship Nonprofit Educational Institution Criticism Comment News Reporting Transformative or Productive use (changes the work for new utility) Resricted access (to students or appropriate group)	Commercial activity Profiting from use Entertainment Bad-faith behavior Denying credit to original author

Nature
Favoring Fair Use	Opposing Fair Use
Published work Factual or nonfiction based Important to desired educational objectives	Unpublished work Fiction Highly creative work (art, music, novels, films, plays)

Amount
Favoring Fair Use	Opposing Fair Use
Small quantity Portion used is not central or significant to entire work Appropriate amount for educational purpose	Large portion or whole work Portion used is central to work or "heart of the work"

Effect
Favoring Fair Use	Opposing 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 copyrighted work No similar product marketed by the copyright holder Lack of licensing mechanism	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 coyrighted work Affordable permission available for using work Numerous copies made You made it accessible on Web or in other public forum Repeated or long-term use

This document is used with permission of Dwayne K. Buttler, Endowed Chair for Scholarly Communication, University of Louisville and is based upon a work created by he and Prof. K. D. Crews at the copyright Management Center, IUPUI. Version UL 2/23/05.