This list will help you analyze your use of copyrighted material. Please contact librarian@midwestern.edu for more information.
| Favors Fair Use | Opposes Fair Use |
|---|---|
| Teaching | Commercial activity |
| Research | Profiting from the use |
| Nonprofit research institution | Bad-faith behavior |
| Restricted access (e.g. password protected) | Denying credit to original author |
| Scholarship | Entertainment |
| Favors Fair Use | Opposes Fair Use |
|---|---|
| Published work | Unpublished work |
| Factual or nonfiction based | Highly creative work (art, music, etc.) |
| Important to educational objectives | Fiction |
| Favors Fair Use | Opposes Fair Use |
|---|---|
| Small quantity | Large portion or whole work |
| Portion used is not central to work | Portion used is "heart of the work" |
| Amount is appropriate for educational purpose |
| Favors Fair Use | Opposes Fair Use |
|---|---|
| User owns lawfully purchased copy of original work | Use could replace sale of copyrighted work |
| One or few copies made | Significantly impairs market or potential market for work |
| No effect on market or potential market for original work | Available licensing mechanism for 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 the Web or other public forum | |
| Repeated or long-term use |
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