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Fair Use Checklist

This checklist will help you determine whether your use of a work can be considered fair use. 


I. What is the purpose of the use?

Favors fair use

[ ] Educational use
[ ] Not-for-profit use
[ ] Transformative use
[ ] Parody

Does not favor fair use

[ ] Commercial use
[ ] For-profit use
[ ] Non-transformative use, verbatim copy

II. What is the nature of the copyrighted work?

Favors fair use

[ ] Factual or non-fiction content
[ ] Published work

Does not favor fair use

[ ] Creative or artistic content
[ ] Consumable work (e.g. textbooks)
[ ] Unpublished work

III. What is the amount or substantiality of the item used?

Favors fair use

[ ] Small quantity being used
[ ] Portion is not ‘heart of the work’
[ ] Amount used is appropriate for educational purposes

Does not favor fair use

[ ] Large quantity or entier work being used
[ ] Portion used is ‘heart of the work’
[ ] Amount used is more than is necessary for educational purposes

IV. What effect will the use have on the potential market for the work?

Favors fair use

[ ] No significant effect on market or potential market for the work
[ ] Single or limited number of copies made
[ ] Access limited to small group (e.g. a class)
[ ] One-time and/or spontaneous use

Does not favor fair use

[ ] Copying will replace purchase of work
[ ] Wide distribution of multiple copies
[ ] Made publicly available or access unrestricted
[ ] Repeated or long-term use

Adapted from Cornell University’s Checklist for Conducting a Fair Use Analysis Before Using Copyrighted Materials and North Carolina State University’s Fair Use Checklist.