Fair Use Worksheet
In determining whether instructors may use portions of copyrighted materials in their teaching and scholarship, United States law permits some uses for nonprofit educational purposes, including fair uses.
This worksheet will provide guidelines in making fair use determinations. A fair use analysis should be done each time a fair use of a work is contemplated. The Fair Use doctrine, as codified in 17 U.S.C. 107, stipulates four general factors to be considered when evaluating whether a proposed use of a copyrighted work is a fair use and does not require permission from the copyright holder.
The following four factors should be carefully considered and balanced in making a reasonable, good faith fair use determination, whether for teaching, research, or other purposes. Reliance upon fair use should be limited to those cases that meet the fair use balancing test in favor of the intended use, and are carefully documented to support that conclusion.
General Information:
Name: __________________________________________________________
Number of Students: _______ Course Name and Number: ______________
Semester: Fall _____ Spring _____ Summer _____ Year _____
Description of Material:
Author: __________________________________________________________
Publisher: ________________________________________________________
Book or Journal Title: _______________________________________________
Chapter or Article Title: _____________________________________________
Circle all the categories that apply below. Sign, date, and retain with appropriate materials for three years.
Four Factors:
1. What is the purpose of the proposed use?
| Uses in this column favor Fair Use |
Uses in this column also favor Fair Use but carry less weight |
Uses in this column favor seeking permission from the copyright holder |
- Nonprofit
- Teaching
- Scholarship/
Research
- Personal
|
|
- Commercial
- Entertainment
- Bad Faith Behavior
- Profit
- Lack of Attribution
|
|
Total circled:
____ x 3 = ____ |
Total circled:
____ x 2 = ____ |
Total circled:
____ x 3 = ____ |
2. What is the nature of the copyright work to be used?
|
Uses in this column favor Fair Use |
Uses in this column have little effect on the balance |
Uses in this column favor seeking permission from the copyright holder |
|
|
- A Mixture of Factual and Imaginative
- Unpublished (Right of 1st Publication
|
- Creative
- Entertainment
- Consumable Materials (Workbooks, answer sheets)
|
|
Total circled:
____ x 3 = ____ |
Total circled:
____ x 1 = ____ |
Total circled:
____ x 3 = ____ |
3. How much of the copyrighted work will be used?
|
Uses in this column favor Fair Use |
Uses in this column favor seeking permission from the copyright holder |
- Small Amount
- Amount Is Appropriate For A Favored Educational Use
|
- Large Portion Or Whole Work
- Portion Used Is Qualitatively Substantial
|
|
Total circled:
____ x 3 = ____ |
Total circled:
____ x 3 = ____ |
Note: The amount of material should be measured both quantatively and qualitatively. Quantity should be evaluated relative to the length of the entire work and the amount needed. The reproduction of an entire work weighs against fair use. A reproduction that is relatively small, but still uses the "heart" of the work will weigh against fair use.
4. What is the effect on the market or potential market for the copyrighted work?
|
Uses in this column favor Fair Use |
Uses in this column favor seeking permission from the copyright holder |
- After An Evaluation Of First Three Factors, Proposed use Is Tipping Towards Fair Use
- User Owns Lawfully Acquired Copy
- No Significant Effect On The Market Or Potential Market For The Work
- No Similar Product Marketed By The Copyright Holder
- Copyright Holder Unidentifiable
|
- Replaces Sale Of Copyrighted Work
- Significantly Impairs Market Or Potential Market For The Work
- Numerous Copies Made
- Use Makes It Publicly Accessible On The Web
|
|
Total circled:
____ x 3 = ____ |
Total circled:
____ x 3 = ____ |
Reproduction that substitutes for purchase of the original weighs heavily against fair use. This factor is closely linked to the other factors.
Fair Use Determination Calculation
| Uses in this column favor Fair Use |
Uses in this column also favor Fair Use but carry less weight |
Uses in this column have little effect on the balance |
Uses in this column favor seeking permission from the copyright holder |
| Total:_____ |
Total:_____ |
Total:_____ |
Total:_____ |
Signature: _____________________________________________________
Date: _________________________________________________________
If you have further questions regarding copyright please contact Susan Paul at Ext. 7422 or copyright@lorainccc.edu.