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Pro Fair Use
Pro Fair Use (Affirmative answers to these questions are weighted toward fair use.)
- Is it for teaching purposes?
- Will a not-for-profit institution use it for an educational purpose?
- Will the use of the source further scholarship, criticism or comments on a work, or the reporting of news?
- Will the new work build upon, rather than simply restate, the content of the original work?
- Is access to the new work or the reproduction of the original work restricted?
- Is the new work a parody of the original work?
Con Fair Use
Con Fair Use (Affirmative answers to these questions are weighted against fair use.)
- Is the new work created for a commercial purpose?
- Will the authors of the new work profit from its use?
- Is the new work used for entertainment?
- Is the author of the new work attempting to avoid compliance with copyright law?
- Does the new work fail to acknowledge the original author?