Fair Use Checklist
Copyright Advisory Office
Columbia University Libraries
Kenneth D. Crews, Director
http://copyright.columbia.edu
Name: ________________________________________________________________________
Institution: _____________________________________________________________________
Project: ________________________________________________________________________
Date: _________________________________________________________________________
Prepared by: ____________________________________________________________________
Purpose
Favoring Fair Use Opposing Fair Use
Teaching (including multiple copies for Commercial activity
classroom use)
Profiting from the use
Research
Entertainment
Scholarship
Bad-faith behavior
Nonprofit educational institution
Denying credit to original author
Criticism
Comment
News reporting
Transformative or productive use (changes
the work for new utility)
Restricted access (to students or other
appropriate group)
Parody
Nature
Favoring Fair Use Opposing Fair Use
Published work Unpublished work
Factual or nonfiction based Highly creative work (art, music, novels, films,
plays)
Important to favored educational objectives
Fiction
Amount
Favoring Fair Use Opposing Fair Use
Small quantity Large portion or whole work used
Portion used is not central or significant Portion used is central to or “heart of the
to entire work work”
Amount is appropriate for favored
educational purpose
Effect
Favoring Fair Use Opposing Fair Use
User owns lawfully purchased or acquired Could replace sale of copyrighted work
copy of original work
Significantly impairs market or potential
One or few copies made market for copyrighted work or derivative
No significant effect on the market or Reasonably available licensing mechanism
potential market for copyrighted work for use of the copyrighted work
No similar product marketed by the Affordable permission available for using
copyright holder work
Lack of licensing mechanism Numerous copies made
You made it accessible on the Web or in
other public forum
Repeated or long-term use