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Page 1: Fair Use Checklist

Fair Use Checklist Copyright Advisory Office Columbia University Libraries Kenneth D. Crews, Director http://copyright.columbia.edu

Name: ___________________________________Scoop.it URL:

Purpose

Favoring Fair Use Opposing Fair UseTeaching (including multiple copies for classroom

use) Research Scholarship Nonprofit educational institution Criticism Comment News reporting Transformative or productive use (changes the work

for new utility) Restricted access (to students or other appropriate

group) Parody

Commercial activityProfiting from the use Entertainment Bad-faith behavior Denying credit to original author

Nature

Favoring Fair Use Opposing Fair UsePublished workFactual or nonfiction basedImportant to favored educational objectives

Unpublished workHighly creative work (art, music, novels, films, plays)Fiction

Amount

Favoring Fair Use Opposing Fair UseSmall quantityPortion used is not central or significantAmount is appropriate for favored educational

purpose

Large portion or whole work usedPortion used is central to or “heart of the entire

work”

Effect

Favoring Fair Use Opposing Fair UseUser owns lawfully purchased or acquired copy of

original workOne or few copies madeNo significant effect on the market or potential

market for copyrighted workNo similar product marketed by copyright holder

workLack of licensing mechanism

Could replace sale of copyrighted workSignificantly impairs market or potential market for

copyrighted work or derivativeReasonably available licensing mechanism for use of

the copyrighted workAffordable permission available for using workNumerous copies madeYou made it accessible on the Web or in other public

forumRepeated or long-term use

Used under a CC BY/NC license from the Copyright Advisory Office of Columbia University, Rina Elster Pantalony, Director.