CHECKLIST FOR CONDUCTING A FAIR USE ANALYSIS BEFORE USING COPYRIGHTED
MATERIALS
This checklist is a tool to assist you in applying the balancing test for determining whether you may make or
distribute copies of works protected by copyright without having to obtain the permission of the copyright holder.
It is recommended that you complete and retain a copy of this form in connection with each "fair use" of a copyrighted
work. (In many cases, the College’s Library or Instructional Media Center may have a license to use material. A fair
use analysis does not have to be conducted where the desired use is permitted under the terms of an applicable
license.)
Name: ____________________________________ Date: _______________________________
Class or Project: _________________________________________________________________
Title of Copyrighted Work: ________________________________________________________
Portion to be used (e.g. pages): _____________________________________________________
Directions: Check all boxes that apply. For each of the four sections below, determine whether that factor favors or
disfavors a finding of fair use. Where the factors favoring “fair use” outnumber the factors weighing against a finding
of “fair use,” reliance on the fair use exception is justified. For cases in which less than half of the factors favor “fair
use,” permission should be obtained before copying or disseminating copies of the work. Please note that there MAY
be fact patterns in which three of four factors favor use, however the remaining factor disfavoring fair use is so
compelling that (1) either permission must be obtained or (2) a fair use exception is unjustified. If you have questions
about interpretation, please contact the College’s Copyright Officer Valerie Waldin @ 629-7319 or v.waldin@hvcc.edu
.
PURPOSE OF THE USE
Favoring Fair Use Disfavoring Fair Use
□ Educational □ Commercial, entertainment or other
Teaching (including multiple
copies for classroom use)
Research
Scholarship
Criticism
Comment
□ Transformative or Productive use □ Non-transformative, verbatim/exact copy
(changes the work to serve a new purpose)
□ Nonprofit use □ Profit-generating use
NATURE OF THE COPYRIGHTED MATERIAL
Favoring Fair Use Disfavoring Fair Use
□ Factual, nonfiction, news □ Creative (art, music, fiction), or consumable
(workbooks, tests) work
□ Published work □ Unpublished work
AMOUNT COPIED
Favoring Fair Use Disfavoring Fair Use
□ Small quantity (e.g. a single chapter or journal □ Large portion or entire work
article or other excerpt consisting of less than
10% of the work)
□ Portion used is not central to entire work □ Portion used is central or the “heart” of the
work
□ Amount is appropriate to education purpose □ Includes more than necessary for education
purpose
