Used under a Creative Commons BY license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director. See https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html
Purpose
Favoring Fair Use |
Opposing Fair Use |
| Teaching (including multiple copies for classroom use) | Commercial activity |
| Research | Profiting from the use |
| Scholarship | Entertainment |
| Nonprofit educational institution | Bad-faith behavior |
| Criticism | Denying credit to original author |
| Comment | |
| News reporting | |
| Transformative or productive use (changes the work for new utility) | |
| Restricted access (to students or other appropriate group) | |
| Parody |
Nature
Favoring Fair Use |
Opposing Fair Use |
| Published work | Unpublished work |
| Factual or nonfiction based | Highly creative work (art, music, novels, films, plays) |
| Important to favored educational objectives | Fiction |
Amount
Favoring Fair Use |
Opposing Fair Use |
| Small quantity | Large portion or whole work used |
| Portion used is not central or significant to entire work | Portion used is central to work or “heart of the work” |
| Amount is appropriate for favored educational purpose |
Effect
Favoring Fair Use |
Opposing Fair Use |
| User owns lawfully acquired or purchased copy of original work | Could replace sale of copyrighted work |
| One or few copies made | Significantly impairs market or potential market for copyrighted work or derivative |
| No significant effect on the market or potential market for copyrighted work | Reasonably available licensing mechanism for use of the copyrighted work |
| No similar product marketed by the copyright holder | Affordable permission available for using work |
| Lack of licensing mechanism | Numerous copies made |
| You made it accessible on the Web or in other public forum | |
| Repeated or long term use |