Fair Use Analysis

You this tool to help decide

whether your use ofcopyrighted materialqualifies as a “Fair

Use.”Click here to continue.

Transformative Use

• What was the original purpose of the copyrighted work?

• What is your purpose for using the copyrighted work?

• Is your purpose different from the original purpose?Click an answer: Yes or No

Transformative Use

Good! You plan to use the copyrighted material in a way that is different than its creator intended.

Your transformative use of the work serves as one piece of evidence that your use is a “Fair Use.”

Click here to continue.

Transformative Use

Hmmm. If you believe the way you are using the copyrighted material is the same as its creator intended, you should consider contacting the copyright holder to request permission, or try to find a similar work in the public or creative commons domains.

Click here to continue.

Germane Use

• What is the size/duration of the original copyrighted work?

• Approximately what proportion of the copyrighted work do you wish to use?

• Is all of the material you wish touse necessary for your purpose?Click an answer: Yes or No

Germane Use

Good! You plan to use only parts of the copyrighted material that are necessary for your purpose.

That you plan to use only what you must is another piece of evidence that your use is a “Fair Use.”

Click here to continue.

Germane Use

Hmmm. If you believe the you are using more of the copyrighted material than you need, you should contact the copyright holder to request permission, cut out the unnecessary parts, or try to find a similar work in the public or creative commons domains.

Click here to continue.

Attribution

• Who created the original work?

• From where did you obtain theoriginal work?

• In your reproduction of the work,did you remember to give credit tothe creator and your source?Click an answer: Yes or No

Attribution

Good! You remembered to give credit to the copyrighted work’s creator and to cite the source of the material. That serves as another piece of evidence that your use is a “Fair Use.”

Click here to continue.

Attribution

Hmmm. You didn’t remember to give credit to the copyrighted work’s creator and to cite the source of the material. Be sure to add that information before you use the copyrighted work.

Click here to continue.

Final Analysis

If you answered “yes” to all three questions, your use of the copyrighted material is probably a “Fair Use.”

If you answered “no” to one or more of the questions, your use of the copyrighted material probably isn’t a “Fair Use.” Please consider asking permission or finding a work in the public or creative commons domains.

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