Fair Use Checklist

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

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


Favoring Fair Use

Teaching (including multiple copies for classroom use)



Nonprofit educational institution



News reporting

Transformative or productive use (changes the work for new utility)

Restricted access (to students or other appropriate group)


Opposing Fair Use

Commercial activity

Profiting from the use Entertainment

Bad-faith behavior

Denying credit to original author


Favoring Fair Use

Published work

Factual or nonfiction based

Important to favored educational objectives


Favoring Fair Use

Small quantity

Portion used is not central or significant to entire work

Amount is appropriate for favored educational purpose


Favoring Fair Use

Opposing Fair Use

Unpublished work

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


Opposing Fair Use

Large portion or whole work used

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

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

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

Repeated or long-term 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

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