CHECKLIST FOR CONDUCTING A FAIR USE ANALYSIS BEFORE USINGCOPYRIGHTED MATERIALSThis checklist is a tool to assist you in applying the balancing test for determining whether you may
make or distribute copies of works protected by copyright without having to obtain the permission ofthe copyright holder. 1 It is recommended that you complete and retain a copy of this form inconnection with each "fair use" of a copyrighted work.
Name: ____________________________________ Date: _______________________________Class or Project: _________________________________________________________________
Title of Copyrighted Work: ________________________________________________________
Portion to be used (e.g. pages): _____________________________________________________
Directions: Check all boxes that apply. For each of the four sections below, determine whether thatfactor favors or disfavors a finding of fair use. Where the factors favoring "fair use" outnumber thefactors weighing against a finding of "fair use," reliance on the fair use exception is justified. Where
less than half of the factors favor "fair use," permission should be obtained before copying or
disseminating copies of the work. Where the factors appear evenly split or you have questions about
interpretation, please feel free to contact or Patricia McClary in the Office of University Counsel (55126; pam4@cornell.edu) or the Copyright Information Center (www.copyright.cornell.edu).
PURPOSE OF THE USE
Favoring Fair Use

Disfavoring Fair UseEducational•Teaching (including multiplecopies for classroom use)
•Research•Scholarship•Criticism•Comment

Commercial, entertainment or other

Transformative or Productive use(changes the work to serve a new purpose)

Non-transformative, verbatim/exact
copyNonprofit useProfit-generating use
NATURE OF THE COPYRIGHTED MATERIAL

Favoring Fair Use

Disfavoring Fair Use

Factual, nonfiction, newsCreative (art, music, fiction), or
consumable (workbooks, tests) workPublished work

Unpublished work1In many cases, the University Library may have a license to use material. A fair use analysis does not haveto be conducted where the desired use is permitted under the terms of an applicable license. Similarly, otherprovisions of the copyright law cover such matters as library copying, in-class use, and distance learning.
This checklist is not needed where other specific statutory provisions authorize the activity.

2AMOUNT COPIED
Favoring Fair Use

Disfavoring Fair Use

Small quantity (e.g. a single chapter or journal
article or other excerpt consisting of less than
10% of the work)

Large portion or entire workPortion used is not central to entire work
as a wholePortion used is central or the"heart" of the work

Amount is appropriate to education purpose

Includes more than necessary foreducation purpose


EFFECT ON THE MARKET FOR ORIGINAL

Favoring Fair Use

Disfavoring Fair Use

No significant effect on the market or potential
market for the copyrighted workCumulative effect of copying would be tosubstitute for purchase of thecopyrighted work

One or few copies made and/or distributed



Numerous copies made and/ordistributed

No longer in print; absence of licensing
mechanismReasonably available licensing mechanism
for obtaining permission to use thecopyrighted work currently available
e.g. CCC licensing or off-prints available



Restricted access (limited to students
in a class or other appropriate group)Will be making it publicly available on
the Web or using other means ofbroad dissemination

One-time use, spontaneous use (no time toobtain permission)

Repeated or long-term use



Revised for use by Cornell University from the "Checklist for Fair Use," a project of the IUPUICopyright Management Center, directed by Kenneth D. Crews, Associate Dean of the Faculties for
Copyright Management; see www.copyright.iupui.edu.