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HRM 432

Taken From the University of Minnesota Library

The following information was taken from the University of Minnesota Library site.

 

Thinking Through Fair Use

Even after you've fully educated yourself about fair use (the information on our site is just a start), it can be difficult to remember all the relevant issues when you're looking at a potential use you'd like to make. We've developed one tool that may assist you in your thought process. The Office for Information Technology Policy of the American Library Association also steps you through the process with a similar interactive tool.

How to Use This Tool

Fair use is very context-dependent, so each user has to assess fair use independently, for each use. You may find it helpful to consult with an attorney or another specialist for further input. This form does not substitute for such consultation.

This tool can help you organize your thoughts around the issues, although it does NOT tell you whether a proposed use is fair or not, and does NOT provide any kind of legal advice. It simply helps you structure your own reflections about the fair use factors, and provides a record that you did consider relevant issues. No computer processes your form - the end result is only a printable record of what you entered.

Remember that no single factor is decisive of fair use, and on any given factor, you may find that some aspects of your proposed use fall in the "favor fair use" column, while others simultaneously "weigh against" fair use. There also may be other relevant considerations that do not appear in this general-purpose tool! Many considerations are relevant, and only by looking at the whole picture, across all the issues, can you make a reasonable guess about whether your use is fair or not.

Many elements of this tool adapted with permission from the Columbia University Libraries Copyright Advisory Office Fair Use Checklist

Thinking Through Fair Use - My Analysis

Due to DDoS attacks through the interactive form version of this document, we've had to remove the interactive elements with this form. The details you enter into the form will be temporarily displayed on the screen, but will probably not appear if you "save" the webpage, and you will -not- receive an emailed copy of your details. You may want to take a screenshot, or just print off the empty page and fill it out offline!

Name/title of document or item to be used

Factor #1: Purpose and character of the use (more info)

Favors Fair Use
 Educational, scholarly, and research uses, and/or news reporting
 Criticism or commentary
 Non-profit use, including personal uses
 Transformative use (creates a new work with a new purpose), including parody and transformative technologies
Weighs Against Fair Use
 Commercial activity
 Profiting from use
 Decorative or other non-critical, non-commentary use
 

 

 

 

 

 

Notes: Enter additional thoughts regarding the purpose of your proposed use.

 

Overall thoughts on your purpose


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use
 

 

 

 

 

Factor #2: The nature of the copyrighted work (more info)

Favors Fair Use
 Published source
 Factual or non-fiction source
Weighs Against Fair Use
 Unpublished source
 Creative, artistic, or fiction source
 

 

 

Notes: Enter additional thoughts regarding the nature of the work you'd like to use.

 

Overall thoughts on the nature of the original


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use
 

 

 

 

 

Factor #3: Amount and substantiality of the portion used (more info)

Favors Fair Use
 Proportionally small excerpt, extract, or clip
 Portion used is peripheral or not significant to the entire work
 Only as much as absolutely necessary for a favored "purpose"
Weighs Against Fair Use
 Entire work, or proportionally large extract
 Portion used is "heart of the work"
 

 

 

 

 

Notes: Enter additional thoughts regarding the amount and substantiality of your proposed use..

 

Overall thoughts on the amount and substantiality of your use


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use
 

 

 

 

 

Factor #4: Effect on the potential market for or value of the work (more info)

Favors Fair Use
 User owns lawful copy of the work (bought or otherwise legitimately acquired
 Only one or a few copies made
 One-time use
 Difficult to redistribute, or to make additional copies of the product of your use
 Use stimulates market for original work
 No impact on market for original work
 No product marketed by copyright holder similar to your use
 No way to pay or seek permission for your use
Weighs Against Fair Use
 Use directly substitutes for a sale that would otherwise have been made
 Many copies made
 Repeated or long-term use (Note: this is relevant only if the cumulative uses may start to effect the market; repeated use that is fair use, remains fair use.)
 Easy to redistribute, or to make additional copies of the product of your use (i.e. digital file, online use) (Note: this is relevant only if you share or redistribute additional copies of the product of your use, in such a way as to effect the market for the original. Sharing by downstream users is rarely relevant.)
 Impairs market for original work
 Easily-obtained and affordable license or permission
 

 

 

 

 

 

 

 

 

 

 

 

Notes: Enter additional thoughts regarding the market effect of your proposed use.

 

Overall thoughts about the effect of your use on the market for the original


strongly favors fair use

somewhat favors fair use

neutral

somewhat weighs against fair use

strongly weighs against fair use
 

 

 

 

For your personal use. No copy is retained here. (We've had to remove some of the previous interactive elements of this form. It does not email you a copy anymore. Even if you type in these boxes, it will not be saved, nor will you receive a copy unless you save it or take a screenshot. You may want to print off the page and fill it out offline.)


 

Creative Commons License Unless otherwise noted, all content on the Copyright Information section of this site is licensed under a Creative Commons Attribution-NonCommercial License.

This web site presents information about copyright law. The University Libraries make every effort to assure the accuracy of this information but do not offer it as counsel or legal advice. Consult an attorney for advice concerning your specific situation.