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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  • Unpublished work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

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