Fair Use Questionnaire

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 (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?