This tool can help guide you in deciding whether your use of a work, such as an article, film, or book, falls under Fair Use.
| Favoring Fair Use | Opposing Fair Use | |
| Factor 1: Purpose |
☐ Teaching (including multiple copies for classroom use) ☐ Research or scholarship ☐ Nonprofit educational institution ☐ Criticism, comment, or parody ☐ News reporting ☐ Transformative or productive use (changes the work for new utility) ☐ Restricted access (to students or other appropriate group) |
☐ Commercial activity ☐ Profiting from the use ☐ Entertainment ☐ Bad-faith behavior ☐ Denying credit to original author |
| Factor 2: Nature |
☐ Published work ☐ Factual or nonfiction based ☐ Important to favored educational objectives |
☐ Unpublished work ☐ Highly creative work (art, music, novels, films, plays) ☐ Fiction |
| Factor 3: Amount |
☐ Small quantity ☐ Portion used is not central or significant to entire work ☐ Amount is appropriate for favored educational purpose |
☐ Large portion or whole work used ☐ Portion used is central to or “heart of the work” |
| Factor 4: Effect |
☐ User owns lawfully purchased or acquired copy of original work ☐ One or few copies made ☐ No significant effect on the market or potential market ☐ No similar product marketed |
☐ Could replace sale of copyrighted work ☐ Significantly impairs the market or potential market for work or derivative ☐ Reasonability available licensing mechanism for use of work ☐ Affordable permission available ☐ Numerous copies made ☐ You made it accessible on the Web or in other public forum ☐ Repeated or long-term use |
Adapted from Columbia University’s Fair Use Checklist by Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville)
