Favoring Fair Use

Opposing Fair use

q     Teaching (including multiple copies for classroom use)

q     Research

q     Scholarship

q     Nonprofit Educational Institution

q     Criticism

q     Comment

q     News reporting

q     Transformative or Productive use (changes the work for new utility)

q     Restricted access (to students or other appropriate group)

q     Parody

q     Commercial activity

q     Profiting from the use

q     Entertainment

q     Bad-faith behavior

q     Denying credit to original author

Favoring Fair Use

Opposing Fair Use

q     Published work

q     Factual or nonfiction based

q     Important to favored educational objectives

q     Unpublished work

q     Highly creative work (art, music, novels, films, plays)

q     Fiction

Favoring Fair Use

Opposing Fair Use

q     Small quantity

q     Portion used is not central or significant to entire work

q     Amount is appropriate for favored educational purpose

q     Large portion or whole work used

q     Portion used is central to work or “heart of the work”

Favoring Fair Use

Opposing Fair Use

q     User owns lawfully acquired or purchased copy of original work

q     One or few copies made

q     No significant effect on the market or potential market for copyright holder

q     No similar product marketed by the copyright holder

q     Lack of licensing mechanism

q     Could replace sale of copyrighted work

q     Significantly impairs market or potential market for copyrighted work or derivative

q     Reasonably available licensing mechanism for use of the copyrighted work

q     Affordable permission available for using work

q     Numerous copies made

q     You made it accessible on Web or in other public forum

q     Repeated or long-term use