Fair Use Worksheet Section BreakPurpose of UseSection BreakFavoring Fair Use Nonprofit Criticism Comparative advertising¹ Education Journalism Parody Total favoring Section BreakAgainst Fair Use For profit or commercial purpose Save costs (e.g., of copying articles) Entertainment Other purposes Total against Section BreakNature of Material CopiedSection BreakFavoring Fair Use Published Out of print¹ More factual than creative Total favoring Section BreakAgainst Fair Use Unpublished Creative or ficional² Total against Section Break(1) Sony Computer Entertainment America, Inc., vs. BLEEM LLC, Case number 99-17137 (9th Circuit 2000) Online. (2) Like music, poetry, play scripts, fictional novels, short stories, paintings, etc.Amount of the Material CopiedSection BreakFavoring Fair Use Just enough to serve a fair use purpose Small amount of total Total favoring Section BreakAgainst Fair Use Heart of the work More than is needed to serve purpose Large amount of total Total against Section BreakCommercial EffectSection BreakFavoring Fair Use Copy is not a substitute for the original product Copy is not for sale or widely distributed Copy is not published or posted online Parody—has different market Cannot get permission Total favoring Section BreakAgainst Fair Use Copy can substitute for original Copy competes in sales of original Copy is widely distributed Copy is published or posted online Copyright holder has established permissions market Total against Section BreakFour-factor Balance SheetSection BreakPurpose of use Favoring fair use Against fair use Section BreakNature of material copied Favoring fair use Against fair use Section BreakAmount of material copied Favoring fair use Against fair use Section BreakCommercial effect Favoring fair use Against fair use Section Break Total favoring Section Break Total against Download the PDF
