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Fair Use Questionnaire: Factor 2: NATURE

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.)

  • Has the original work been published?
  • Is the content factual/nonfiction?
  • Does the use further educational purposes?

Con Fair Use

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

  • Is the original work unpublished?
  • Is the original work a creative entity such as a song, painting, or poem?
  • Is the content fiction?
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