USCB LIBRARIES

Checklist for Fair Use

Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.

Name:

Institution:

Project:

Date:

Prepared by:

Favoring Fair Use
Opposing Fair Use
 
 

Teaching (including multiple copies for classroom use)

 

 

Commercial activity
 

Research

 

 

Profiting from the use
 

Scholarship

 

 

Entertainment
 

Nonprofit Educational Institution

 

 

Bad-faith behavior
 

Criticism

 

 

Denying credit to original author
 

Comment

 

 

 

 
 

News reporting

 

 

 

 
 

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

Restricted access (to students or other appropriate group)

 

Parody

 

 

 

 
             
Favoring Fair Use
Opposing Fair Use
             
 

Published work

 

 

Unpublished work
 

Factual or nonfiction based

 

 

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

Important to favored educational objectives

 

 

Fiction
           

 

 

 
AMOUNT
Favoring Fair Use
Opposing Fair Use
             
 

Small quantity

 

 

Large portion or whole work used
 

Portion used is not central
or significant to entire work

 

 

Portion used is central to work
or "heart of the work"
 

Amount is appropriate for favored educational purpose

 

 

 
             
Favoring Fair Use
Opposing Fair Use
             
 

User owns lawfully acquired or purchased copy of original work

 

 

Could replace sale of copyrighted work
 


One or few copies made

 

 

Significantly impairs market or potential market for copyrighted work or derivative
 

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

 

 

Reasonably available licensing mechanism for use of the copyrighted work
 

No similar product marketed by the copyright holder

 

 

Affordable permission available for using work
 

Lack of licensing mechanism

 

 

Numerous copies made
   

 

 

 

You made it accessible on Web or in other public forum
       

 

Repeated or long term use

 

      

 

 

Revised for use by University of South Carolina Beaufort Libraries from the "Checklist for Fair Use", a project of the IUPUI Copyright Management Center. See http://www.copyright.iupui.edu