Copyright Checklist

Favoring Fair Use

Opposing Fair Use

Teaching

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Unpublished work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

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

Significantly impairs market or potential market for copyrighted work or derivative

One or few copies made

Could replace sale of copyrighted work

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