Use this questionnaire to help determine whether you are able to reuse existing content in your instructional videos. Part 1 will help you discover whether you can use the content without needing to evaluate whether the usage qualifies as fair use. If that is the case, there's no need to proceed to Part 2.
If Part 1 determines your only possible route to legal usage is under fair use, Part 2 will help you decide whether your usage qualifies as fair use. The ranges below represent only an estimation. DO NOT CONSTRUE THESE RESULTS AS LEGAL ADVICE!
00-04: Unlikely to qualify as Fair Use 05-07: Possibly qualifies as Fair Use 08-11: Likely qualifies as Fair Use
Fair use is a balancing test. The analysis of each individual factor will tip the scale towards or away from being considered fair use. No single question or factor will determine if your use is a fair use. The courts look at fair use on a case by case basis. This application is intended to help you identify the strengths and weaknesses in your fair use argument. If you are uncertain about fair use, you can learn more by visiting this list of resources we've compiled for you. Remember fair use is only one of the five ways you can legally reuse content. If you are uncertain about fair use, you can consult an attorney, or find content in the Creative Commons or public domain to use.
The content for this questionnaire, but not the scoring system, was created by New Media Rights (newmediarights.org). New Media Rights publishes the book "Don't Panic :) A Legal Guide for Creative Professionals and Small Businesses" which is used in undergraduate and graduate classes throughout the United States and can be purchased at newmediarights.org/book. They also provide educational libraries (with sample contracts, guides, and checklists) and email courses regarding legal issues for creatives and businesses at newmediarights.org/library. If you have questions feel free to contact them through their website at newmediarights.org/about_us/contact_us. They are a nonprofit that provides free and reduced fee services to filmmakers regarding fair use and copyright law. They rely on donations from individuals and provide membership benefits to supporters, so please do take a moment to learn about the benefits of becoming a supporter at newmediarights.org/donate.
Adapted by the Multimedia Services team in IT Services at UC San Diego, which can be reached at firstname.lastname@example.org.