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North Carolina State University: Fair Use Checklist
In determining whether you may use portions of copyrighted works in your teaching and scholarship, the law permits some uses for nonprofit education purposes, including fair uses. Fair uses do not require permission from the copyright holder. This checklist is intended to help you make reasonable, good-faith fair use determinations. However, it is not intended as legal advice, which can only be provided by the Office of Legal Affairs.
Check all boxes that apply; retain a copy of this form with the appropriate accompanying materials. Remember, you do not have to have all the factors in your favor in order to justify fair use. If the factors appears evenly split or you have questions, please contact the Office of Legal Affairs or the Special Assistant to the Provost for Copyright Administration.
Name: ______________________________________ Date:____________________________
Class or Project: ________________________________________________________________
Title of Copyrighted Work: ________________________________________________________
PURPOSE AND CHARACTER OF THE USE
Supports Fair Use Does Not Support Fair Use
O Educational O Commercial, entertainment, etc.
•Teaching (including multiple
copies for classroom use)
•Research
•Scholarship
•Criticism
•Comment
O Transformative Use O Non-transformative,verbatim/exact
(changes the work to serve a new purpose) copy
O Nonprofit use O Profit-generating use
O O
NATURE OF THE COPYRIGHTED MATERIAL
Supports Fair Use Does Not Support Fair Use
O Factual, nonfiction, news O Creative (art, music, fiction), or
consumable (workbooks, tests) work
O Published work O Unpublished work
O O
AMOUNT AND SUBSTANTIALITY OF PORTION USED IN RELATION TO WHOLE
Supports Fair Use Does Not Support Fair Use
O Small amount O Large portion or whole work
O Amount is appropriate for a favored O Portion used is qualitatively
educational use substantial
O O
EFFECT ON THE MARKET FOR ORIGINAL
Supports Fair Use Does Not Support Fair Use
O No significant effect on the market O Replaces sale of copyrighted work
or potential market for the work
O No similar product marketed by O Significantly impairs market or
the copyright holder potential market for the work
O User owns lawfully acquired copy
O Copyright holder unidentifiable
O O
Conclusion
Adapted from NC State's Fair Use Considerations Worksheet and Cornell University's Checklist for Conducting A Fair Use Analysis Before Using Copyrighted Materials