Tool for Supporting the Fair Use Reasoning Process
 
Fair use requires reasoning and critical thinking. In determining whether a particular use of copyrighted material is a fair use,  you must consider the rights of owners as well as your own needs and purposes as a  user.  Review the principles and limitations identified on pages 10 -14 of the Code.  Depending on the particulars of the context and situation, it will be necessary to ask permission, pay a license fee, or claim fair use.

It takes practice to gain confidence in applying the fair use reasoning process. There is no one “right” answer in making a fair use determination, which is why the courts have established a “reasonableness standard” which limits the liability of librarians or teachers who make a good-faith judgment that might be judged to be a violation of copyright.

Use this worksheet to help guide your reasoning as to whether a use of copyrighted material could be considered a fair use.  You can use this for evaluating projects or for planning your own.

Keep in mind the nature of the use, the purpose of the use, the amount of the use, and the effect on potential market.  Think about the context or situation in which the copyrighted material is being used in the new work.  Be sure to think about whether or not your use of copyrighted materials is transformative in nature.
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Name
Project Title
Date
RATIONALE:  Why is this project being created? *
Describe the rationale of the project.  Example Cold war trailer for HS AP Social Studies Class
PURPOSE OF ORIGINAL COPYRIGHTED MATERIAL *
Think about the purpose of the original work.  Why was it created?  What was its purpose?
YOUR PURPOSE *
Think about the purpose for your use.  Are you using the work for teaching, scholarship, criticism, comment, parody, in good faith crediting the original author of the work?
Required
PURPOSE: Justify *
How is your purpose for using the copyrighted work different from the author's original purpose?
NATURE & AMOUNT *
Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
Required
NATURE: Explain *
Explain how you think the material taken was or was not appropriate in kind and amount considering the nature of the copyrighted work and of the use
TRANSFORMATIVENESS *
Did the unlicensed use “transform” the material taken from the copyrighted work by adding value? Is the use of copyrighted material contributing to a unique new creative work or does your use of the copyrighted material mostly repeat the work for the same intent and value as the original?
EFFECT:  Think about the rights of owners and your own needs. *
Think about the the effect that your use has on the potential market of the original work.  Will your use compete with the author of the original work?  How would you feel about this particular use of copyrighted work if you were the author?
EFFECT: What are my choices? *
Now that you have considered the rights of owners and you own needs and purposes as a user in determining whether to ask for permission, pay a license fee, or claim fair use what do you think you should do?
Required
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