Fair Use Checklist

Use this checklist to help analyze whether a use of a copyrighted work could be a fair use. Remember: No single item or factor is determinative of fair use.

Factor 1: Purpose and Character of the Use

FAVORS FAIR USE	OPPOSES FAIR USE
Nonprofit Educational Institution 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	Commercial activity Profiting from the use Entertainment Non-transformative For publication or public distribution Bad-faith behavior Failure to provide appropriate credit to original author

Factor 2: Nature of Copyrighted Work

FAVORS FAIR USE	OPPOSES FAIR USE
Factual or nonfiction work Important to educational objectives	Unpublished work Highly creative work (art, music, novels, films, plays, fiction, poetry)

Factor 3: Amount and Substantiality of Portion Used

FAVORS FAIR USE	OPPOSES FAIR USE
Small portion of work used Portion used is not central or significant to entire work as a whole Amount is tailored to acceptable purpose	Large portion or entire work used Portion used is central to work or “heart of the work” Amount taken is more than is necessary

Factor 4: Effect on Market for Original Work

FAVORS FAIR USE	OPPOSES FAIR USE
No significant effect on the market on actual or potential market for copyrighted work Use stimulates market for original work One or few copies made No similar product marketed by the copyright holder Lack of licensing mechanism or out of print User owns lawfully acquired or purchased copy of original work Restricted Access Supplemental Reading	Significantly impairs market or potential market for copyrighted work or derivative Reasonably available and affordable licensing mechanism for use of the copyrighted work Numerous copies made Repeated and/or long-term use that could diminish market for original work Could replace sale of copyrighted work Unrestricted access online or by other means Required Reading

Fair Use Analysis

Based on the fair use analysis and weighing all the factors together, the use of the copyrighted material falls within the fair use exception.
Based on the fair use analysis and weighing all the factors together, the use of the copyrighted material does not fit within the fair use exception. Permission should be obtained.

The Fair Use Analysis Checklist is licensed under CC-BY 4.0 adapted from Columbia University Fair Use Checklist by Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville) CC-BY 4.0.