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Fair Use Questionnaire: Factor 3: AMOUNT

NOTE:

Consider four factors (purpose, nature, amount, effect) when weighing whether use of a copyrighted source falls under educational fair use guidelines as defined by Section 107 of the Copyright Law of the United States of America. One way to establish if an instance constitutes educational fair use is to complete the following questionnaire and analyze the results to determine if your proposed use is justified under fair use interpretation.

Attention: Professors photocopying materials for course content, consider Factor 4: Effect carefully. See the Owens Library Copyright Permission page for further information.

Owens Library staff members are not lawyers or legal experts. Please consult a legal authority with specific questions.

Pro Fair Use

Pro Fair Use (Affirmative answers to these questions are weighted toward fair use.)

  • Does the new work incorporate the smallest possible portion of the original work necessary to accomplish the desired educational goal?
  • Does the new work avoid duplicating the central essence of the original work?

Con Fair Use

Con Fair Use (Affirmative answers to these questions are weighted against fair use.)

  • Is most of the work or the entire work reproduced?
  • Does the new work duplicate the central essence of the original work?
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