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Fair use checklist

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Fair use checklist

  1. 1. _______________________________________________ _______________________________________________ _______________________________________________ ___________________________________ Purpose 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access (to students or other appropriate group) Parody Nature Favoring Fair Use Opposing Fair Use Published work  Unpublished work Factual or nonfiction based  Highly creative work (art, music, Important to favored educational objectives novels, films, plays)  Fiction Amount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 or “heart Amount is appropriate for favored educational purpose of the work” Effect Favoring Fair Use Opposing Fair Use User owns lawfully purchased or acquired  Could replace sale of copyrighted work copy of original work  Significantly impairs market or One or few copies made potential 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 No similar product marketed by the copyright work holder work  Affordable permission available for Lack of licensing mechanism using work  Numerous copies made  You made it accessible on the Web or in other public forum  Repeated or long-term useFair Use Checklist Copyright Advisory Office Columbia University Libraries http://copyright.columbia.edu

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