Fair Use Checklist

Weighs in Favor of Fair Use

• Nonprofit Educational
• Teaching (including multiple copies for classroom use)
• Research or Scholarship
• Criticism, Comment, News Reporting, or Parody
• Transformative (use changes work for new utility or purpose)
• Personal Study
• Use is necessary to achieve your intended educational purpose

Weighs in Favor of Fair Use

• Published Work
• Factual or nonfiction work
• Important to educational objectives

Weighs in Favor of Fair Use

• Small portion of work used
• Portion used is not central or significant to entire work as a whole
• Amount taken is narrowly tailored to educational purpose such as criticism, comment, research, or subject being taught

Weighs in Favor of Fair Use

• No significant effect on market or potential market for copyrighted work
• Use stimulates market for original work
• No similar product marketed by copyright holder
• No longer in print
• Licensing or permission unavailable
• Supplemental classroom reading
• One or few copies made or distributed
• User owns lawfully acquired or purchased copy of original work
• Restricted access (to students or other appropriate group)