Fair Use Checklist


Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.  Note that you may find that your use falls under both “Favoring Fair Use” under one factor, and “Opposing Fair Use” under another.  You must make the determination for your specific instance which factor is more relevant.

 **This checklist can be downloaded from the attachments at the bottom of this web page.

Name: _________________________________       Date: _________________________________

Institution: ______________________________      Project: _______________________________



Favoring Fair Use

Opposing Fair Use

o Teaching (including multiple copies for classroom use)

o Research

o Scholarship

o Nonprofit Educational Institution

o Criticism

o Comment

o News reporting

o Transformative or Productive use (changes the work for new utility)

o Restricted access (to students or other appropriate group)

o Parody


o Commercial activity

o Profiting from the use

o Entertainment

o Bad-faith behavior

o Denying credit to original author




Favoring Fair Use

Opposing Fair Use

o Published work

o Factual or nonfiction based

o Important to favored educational objectives


o Unpublished work

o Highly creative work (art, music, novels, films, plays)

o Fiction



Favoring Fair Use

Opposing Fair Use

o Small quantity

o Portion used is not central

o Amount is appropriate for favored educational purpose


o Large portion or whole work used

o Portion used is central to work, significant to entire work or "heart of the work"




Favoring Fair Use

Opposing Fair Use

o User owns lawfully acquired or purchased copy of original work

o One or few copies made

o No significant effect on the market or potential market for copyrighted work

o No similar product marketed by the copyright holder

o Lack of licensing mechanism

o Could replace sale of copyrighted work

o Significantly impairs market or potential market for copyrighted work or derivative

o Reasonably available licensing mechanism for use of the copyrighted work

o Affordable permission available for using work

o Numerous copies made

o You made it accessible on Web or in other public forum

o Repeated or long term use