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Copyright: Fair Use Checklist

This list will help you analyze your use of copyrighted material. Please contact librarian@midwestern.edu for more information.

How You Want to Use It?

Purpose and Character of Your Use
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

What Kind of Work Is It?

Nature of Copyrighted Work
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 Published work  Unpublished work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

How Much of It You Want to Use?

The amount of the portion taken
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  

Will the Author Lose Money If You Do This?

Effect of Use on the Potential Market
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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