Fair Use Checklist
Do I Need Copyright Permission?
Section 1
Items which do not require copyright clearance
- Work which pre-dates 1923
- Work in which the copyright holder has granted gratis copying privileges for academic purposes [link to examples]
Section 2
Items which always require copyright clearance
- Part of an instructional packet (to be resold or handed out at the beginning of the semester)
- Used more than one semester
- An entire article, story or essay in excess of 2500 words
- A chapter or section of a book in excess of 10% of the book
- An entire poem in excess of 250 words (two pages)
- Reproduction for commercial purposes [link to examples]
Section 3
Items which may need copyright clearance.
If you check one or more of the items opposing fair use, you will likely need copyright clearance.
PURPOSE of the Use
| Favor Fair Use |
Opposing Fair Use |
- Teaching (including multiple copies for classroom use)
- Transformative or Productive use (changes the work for new utility)
- Restricted Access to students or other appropriate group (e.g. through BlackBoard or ERes)
- Parody
|
- Entertainment
- Denying credit to original author
- Profiting from the use
- Bad-faith behavior
|
NATURE of the Work
| Favor Fair Use |
Opposing Fair Use |
- Published work
- Factual or nonfiction based
- Important to student learning
|
- Unpublished work
- Highly creative work (art, music, novels, films, plays)
|
EFFECT of the Use on the Market for the Original
| Favor Fair Use |
Opposing Fair Use |
- The end-user (student) has lawfully acquired the work[i]
- No significant effect on the market or potential market for copyrighted work.
- No similar product marketed by the copyright holder.
- Lack of licensing mechanism.
|
- Could replace sale of copyright 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.
- You put it on a non-password protected Web site or in other public forum. (BlackBoard is password protected.)
- Repeated or long term use.
|
[i] Link this to an example page. An example might be the case of a faculty member creating a study guide, which includes quotes from a textbook which all the student are required to purchase for the course.
This checklist was adapted from the Fair Use Checklist created by the Copyright Management Center of Indiana University—Purdue University, Indianapolis. http://www.copyright.iupui.edu/checklist.htm
