Understanding Copyright
Fair Use Checklist
Determinging if your use is fair
Use this checklist to assist your determination of whether your proposed use of a copyrighted work is “fair use” under the Copyright Act.
To Use this Fair Use Checklist
- fill in the blanks about the copyrighted work and your proposed use of it;
- check the boxes that apply to your use (many uses will require that you check more than one box under each category);
- some checked boxes will favor a finding of fair use and others may oppose a finding of fair use;
- the ultimate concern is whether the cumulative “weight” of the checked factors favors or opposes fair use. Because you are most familiar with your proposed use of the copyrighted work, you are probably best positioned to make that determination;
- once you have complete the checklist, you might wish to keep a copy of the completed checklist in your files for future reference. You can use your browser's print button to print a copy.
If you cannot complete the checklist or have questions about its use, help is available.
Background
"Fair use" is a provision of the Copyright Act that provides that certain uses of copyrighted works do not constitute copyright infringement. The Copyright Act establishes a four factor test, the "fair use test," to determine whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner. The Copyright Information Center provides additional background information about fair use to help you.
A Note About Licensed ResourcesIf you are seeking to use a digitized version of a copyright work (such as a PDF or other electronic copy on a Chalk site), remember that many works are licensed by the University of Chicago Library and can be accessed through the Library’s electronic resources. Because of the inherent subjectivity in determinations of fair use under the Copyright Act, in most cases linking to licensed resources is preferable to relying on fair use to establish your right to use copyrighted materials. The Library also makes available additional information about how to create links to licensed resources within Chalk or e-reserves.
First Factor: Purpose of Use |
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Favoring Fair Use | Opposing Fair Use |
Second Factor: Nature of Copyrighted Work |
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Favoring Fair Use | Opposing Fair Use |
Third Factor: Amount of Work |
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Favoring Fair Use | Opposing Fair Use |
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Fourth Factor: Effect of Your Use |
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Favoring Fair Use | Opposing Fair Use |
Adapted with permission from the Copyright Advisory Office at Columbia University, Kenneth D. Crews, director (www.copyright.columbia.edu).