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CHECKLIST FOR FAIR USE
Please complete and retain a copy of this form in connection with each possible “fair use” of a copyrighted project
Name:	________________	Date:	________________	Project:	________________
Institution:	________________		________________		________________


PURPOSE
	*Favoring Fair Use*	*Opposing Fair Use*
	Teaching (including multiple copies for classroom use) Research Scholarship Nonprofit Educational Institution Criticism Comment News reporting Transformative or Productive use (changes the work for new utility) Restricted access (to students or other appropriate group) Parody	Commercial activity Profiting from the use Entertainment Bad-faith behavior Denying credit to original author

	NATURE
	*Favoring Fair Use*	*Opposing Fair Use*
	Published work Factual or nonfiction based Important to favored educational objectives	Unpublished work Highly creative work (art, music, movies, films, plays) Fiction

	AMOUNT
	*Favoring Fair Use*	*Opposing Fair Use*
	Small quantity Portion used is not central or significant to entire work Amount is appropriate for favored educational purpose	Large portion or whole work used Portion used is central to work or “heart of the work”

	EFFECT
	*Favoring Fair Use*	*Opposing Fair Use*
	User owns lawfully acquired or purchased copy of original work One of few copies made No significant effect on the market or potential market for copyrighted work No similar product marketed by the copyright holder Lack of licensing mechanism	Could replace sale of copyrighted work Significantly impairs market or potential market for copyrighted work or derivative Reasonably available licensing mechanism for use of the copyrighted work Affordable permission available for using work Numerous copies made You made it accessible on Web or in other public forum Repeated or long-term use

	This document is provided as a courtesy of the Copyright Management Center, IUPUI, 530 W. New York St., Indianapolis, IN 46202. For further information and updates please visit http://www.copyright.iupui.edu/. This document last updated March 10, 2003.
	This page “Checklist for Fair Use” was copied with the author’s permission, which was granted to UM-St. Louis attendees of the Copyright and Intellectual Property Rights Conference, held at the University of Missouri-Columbia, on March 17-18, 2004.

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Access Services Department at the University of Missouri-St. Louis.
Phone: (314) 516-5057. Email: AcSDinfo@umsl.edu.

CHECKLIST FOR FAIR USE

PURPOSE

NATURE

AMOUNT

EFFECT

| AcSD Home | Interlibrary Loan | Circulation | MERLIN/MOBIUS | Reserves |