LSU Libraries Checklist for Fair Use
Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.Name: __________________________ Date: __/__/____ Project: ____________________
PURPOSE
Favoring Fair Use
- Teaching (including multiple copies for classroom use)
- Research
- Scholarships
- Nonprofit Educational Institution
- Criticism
- Comment
- News reporting
- Transformative or Productive use (changes the work for new utility)
- Restricted access (to students or other appropriate group)
- Parody
Opposing Fair Use
- Commercial activity
- Profiting from the use
- Entertainment
- Bad-faith behavior
- Denying credit to original author
NATURE
Favoring Fair Use
- Published work
- Factual or nonfiction based
- Important to favored educational objectives
Opposing Fair Use
- Unpublished work
- Highly creative work (art, music, novels, films, plays)
- Fiction
AMOUNT
Favoring Fair Use
- Small quantity
- Portion used is not central or significant to entire work
- Amount is appropriate for favored educational purpose
Opposing Fair Use
- Large portion or whole work used
- Portion used is central to work or “heart of the work”
EFFECT
Favoring Fair Use
- User owns lawfully acquired or purchased copy of original work
- One or few copies made
- No significant effect on the market or potential market for copyrighted work
- No similar production marketed by the copyright holder
- Lack of licensing mechanism
Opposing Fair Use
- Significantly impairs market or potential market for copyrighted work or derivative
- Reasonably available licensing mechanism for use of copyrighted work
- Affordable permission available for using work
- Numerous copies made
- You made it accessible on Web or in other public forum
- Repeated or long-term use
- Could replace scale of copyrighted work
