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Fair Use Questionnaire

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?
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