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Fair Use Analysis Tool   
PDF Worksheet Version

Use this form to conduct a thorough four-factor review of your proposed use. It is a tool intended to assure that you examine all factors surrounding the circumstances of your proposed use. Read Working With Fair Use if you need a broader explanation of the four factors considered here.

Name/title of document
or item to be used

Factor #1: Purpose and character of the use (what's this)
Favors Fair Use
Instruction, restricted access course websites, research, and/or personal use
Transformative use (creates a new work with a new purpose)
Statutory uses, criticism, comment, and/or news reporting
Weighs Against Fair Use
Commercial use, for publication
No attribution to original authors
Profiting from use
Public distribution

Notes: Enter any details regarding "purpose" and your proposed use.

Review and weigh "Purpose"

strongly favors fair use
somewhat favors fair use
neutral
somewhat weighs against fair use
strongly weighs against fair use

Factor #2: The nature of the copyrighted work (what's this?)
Favors Fair Use
Published
Factual, non-fiction
Weighs Against Fair Use
Unpublished
Creative, artistic, fiction
Consumable (once used is unusable by others)

Notes: Enter any details regarding "nature" and your proposed use.


Review and weigh "Nature"

strongly favors fair use
somewhat favors fair use
neutral
somewhat weighs against fair use
strongly weighs against fair use

Factor #3: Amount and substantiality of the portion used (what's this?)

Favors Fair Use
Small excerpt, extract, or clip
Only portion needed for favored purpose
Weighs Against Fair Use
Entire work
Portion used is "heart of the work"

Notes: Enter any details regarding "amount" and your proposed use.



Review and weigh "Amount"

strongly favors fair use
somewhat favors fair use
neutral
somewhat weighs against fair use
strongly weighs against fair use

Factor #4: Effect on the potential market for or value of the work (what's this?)

Favors Fair Use
One or few copies made
Use stimulates market for original work, no impact on market
No licensing/permission mechanism in place
Weighs Against Fair Use
Impairs market for original work
Repeated use
License/permission available
Multiple copies, not for educational purpose

Notes: Enter any details regarding "market effect" and your proposed use.



Review and weigh "Market Effect"

strongly favors fair use
somewhat favors fair use
neutral
somewhat weighs against fair use
strongly weighs against fair use

Please send a copy of this report to my email address:


For your personal use. No other copy is retained here.