Checklist fair use

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

Name: ________________________________________________________________________ Institution: _____________________________________________________________________ Project: ________________________________________________________________________ Date: _________________________________________________________________________ Prepared by: ____________________________________________________________________

Purpose Favoring Fair Use Teaching (including multiple copies for classroom use) Research Entertainment Scholarship Bad-faith behavior Nonprofit educational institution Denying credit to original author Criticism Comment News reporting Transformative or productive use (changes the work for new utility) Restricted access (to students or other appropriate group) Parody Opposing Fair Use Commercial activity Profiting from the use

Nature Favoring Fair Use Published work Factual or nonfiction based Important to favored educational objectives Fiction Opposing Fair Use Unpublished work Highly creative work (art, music, novels, films, plays)

Amount Favoring Fair Use Small quantity Portion used is not central or significant to entire work Amount is appropriate for favored educational purpose Opposing Fair Use Large portion or whole work used Portion used is central to or “heart of the work”

Effect Favoring Fair Use User owns lawfully purchased or acquired copy of original work One or few copies made No significant effect on the market or potential market for copyrighted work No similar product marketed by the copyright holder Lack of licensing mechanism Opposing Fair Use Could replace sale of copyrighted work Significantly impairs market or potential market for copyrighted work or derivative Reasonably available licensing mechanism for use of the copyrighted work Affordable permission available for using work Numerous copies made