This is the "Fair Use - 4 Factors" page of the "Copyright Resources" guide.
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This guide is designed to help build an understanding of copyright and how to approach use of copyrighted works in your scholarship.
Last Updated: Sep 22, 2014 URL: http://libguides.libraries.claremont.edu/copyright-resources Print Guide RSS UpdatesEmail Alerts

Fair Use - 4 Factors Print Page
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Fair Use Analysis Tools

For legal protection reasons, it is recommended that for every item you use under the fair use clause of the Copyright Act that you complete a checklist and keep it on file for three years following the last date of use of the item.

  • Purdue Fair Use checklist
    checklist adapted from Columbia checklist.
  • KU copyright decision tree
    This copyright decision tree, in the form of an interactive slide show, is designed to help users decide whether they are using copyrighted materials in compliance with U.S. copyright law and/or fair use.
  • Fair Use Evaluator  Icon
    Provides you with a time-stamped pdf to keep for your records should you ever need proof of your fair use evaluation!!
  • Fair Use Analysis Tool
    An actual checklist form that can help you decide if your intended use is Fair Use, from the University of Minnesota Libraries.
  • Columbia University Fair Use Checklist
    Checklist in PDF form.
 

Fair Use Testimony

 

Stanford Fair(y) Use Tale

 

Code of Best Practices in Fair Use for Online Video

U.S. Copyright Law Section 107. Limitations on exclusive rights: Fair use

1. The PURPOSE and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. The NATURE of the copyrighted work;

3. The AMOUNT and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The EFFECT of the use upon the potential market for or value of the copyrighted work.

(Title 17, Section 107 United States Code)

Code of Best Practices in Fair Use for Academic and Research Libraries

  • Did the use “transform” the material taken from the copyrighted work by using it for a broadly beneficial purpose different from that of the original, or did it just repeat the work for the same intent and value as the original?
  • Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
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