Research Guides: Fair Use Questionnaire: Factor 4: EFFECT

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 user possess a legal copy of the original work?
Does the reproduction create little or no effect on the market for the original work?

Con Fair Use

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

NOTE: When using a work for educational distribution or class readings (other than for a one timespontaneous use), positive responses to con factors below indicate that a copyright violation is likely to occur.

Is the user repeatedly circulating or distributing copies of the original work without obtaining copyright permission?
Is any product like the new work marketed by the owner?
Is a license for the use of the work or access to the work available for sale?
Can the new work be sold in place of the original work?
Does the new work diminish the market for the original work?
Has the author of the new work purchased any affordable use license or permission?
Are a large number of copies reproduced?
Is the new work available to the general public?
Was the new work used over and over again allowing access to quoted or derived ideas on a large scale?

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