| |
Favoring
Fair Use |
|
Opposing
Fair Use |
| |
|
|
|
Teaching (including multiple copies for classroom
use) |
|
|
|
Commercial activity |
| |
|
Research |
|
|
|
Profiting from the use |
| |
|
Scholarship |
|
|
|
Entertainment |
| |
|
Nonprofit Educational Institution |
|
|
|
Bad-faith behavior |
| |
|
Criticism |
|
|
|
Denying credit to original author |
| |
|
Comment |
|
|
|
|
| |
|
News reporting |
|
|
|
|
| |
|
Transformative or Productive use
(changes the work for new utility) |
| |
|
Restricted access (to students
or other appropriate group) |
| |
|
Parody |
|
|
|
|
| |
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Unpublished work |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
to entire work |
|
|
|
Portion used is central to work or "heart
of the work" |
| |
|
Amount is appropriate
for favored educational purpose |
|
|
|
| |
Favoring
Fair Use |
|
Opposing
Fair Use |
| |
|
|
|
|
|
|
| |
|
User owns lawfully acquired or purchased
copy of original work |
|
|
|
Could replace sale of copyrighted
work |
| |
|
One or few copies made |
|
|
|
Significantly impairs market or potential
market for copyrighted work or derivative |
| |
|
No significant effect on the market or potential
market for copyrighted work |
|
|
|
Reasonably available licensing mechanism
for use of the copyrighted work |
| |
|
No similar product marketed by the copyright
holder |
|
|
|
Affordable permission available for using
work |
| |
|
Lack of licensing mechanism |
|
|
|
Numerous copies made |
| |
|
|
|
|
|
You made it accessible on Web or in other
public forum |
| |
|
|
|
|
|
Repeated or long term use |