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Fair Use Worksheet
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Purpose of Use
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Favoring Fair Use
Nonprofit
Criticism
Comparative advertising¹
Education
Journalism
Parody
Total favoring
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Against Fair Use
For profit or commercial purpose
Save costs (e.g., of copying articles)
Entertainment
Other purposes
Total against
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Nature of Material Copied
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Favoring Fair Use
Published
Out of print¹
More factual than creative
Total favoring
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Against Fair Use
Unpublished
Creative or ficional²
Total against
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(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 Copied
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Favoring Fair Use
Just enough to serve a fair use purpose
Small amount of total
Total favoring
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Against Fair Use
Heart of the work
More than is needed to serve purpose
Large amount of total
Total against
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Commercial Effect
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Favoring 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
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Against 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
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Four-factor Balance Sheet
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Purpose of use
Favoring fair use
Against fair use
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Nature of material copied
Favoring fair use
Against fair use
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Amount of material copied
Favoring fair use
Against fair use
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Commercial effect
Favoring fair use
Against fair use
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Total favoring
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Total against
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