For help in making a fair use evaluation, please see the "Fair Use Checklist" to the right. Another excellent resource to use is the ALA's Fair Use Evaluator.
The U.S. Copyright Code provides for the educational use of copyrighted material without the permission of the copyright holder under certain conditions. To find out if your intended use meets the requirements set out in the law, use this free, online tool.
This tool can also help you collect information detailing your educational use and provide you with a summary in PDF format
Below is a checklist that will help you determine whether your use of a work might be protected under the concept of fair use. This checklist will provide you with a record of your decision-making process. It is recommended that the completed checklist be retained as evidence of your fair use analysis. It should be noted that Section 504 (c)(2) of the Copyright Act of 1976 offers legal protection to educators and librarians who have used copyrighted material based upon a good-faith analysis of the fair use factors.
I. What is the purpose of the use?
Favors fair use
[ ] Educational use
[ ] Not-for-profit use
[ ] Transformative use
[ ] Parody
Does not favor fair use
[ ] Commercial use
[ ] For-profit use
[ ] Non-transformative use, verbatim copy
II. What is the nature of the copyrighted work?
Favors fair use
[ ] Factual or non-fiction content
[ ] Published work
Does not favor fair use
[ ] Creative or artistic content
[ ] Consumable work (e.g. textbooks)
[ ] Unpublished work
III. What is the amount or substantiality of the item used?
Favors fair use
[ ] Small quantity being used
[ ] Portion is not ‘heart of the work’
[ ] Amount used is appropriate for educational purposes
Does not favor fair use
[ ] Large quantity or entier work being used
[ ] Portion used is ‘heart of the work’
[ ] Amount used is more than is necessary for educational purposes
IV. What effect will the use have on the potential market for the work?
Favors fair use
[ ] No significant effect on market or potential market for the work
[ ] Single or limited number of copies made
[ ] Access limited to small group (e.g. a class)
[ ] One-time and/or spontaneous use
Does not favor fair use
[ ] Copying will replace purchase of work
[ ] Wide distribution of multiple copies
[ ] Made publicly available or access unrestricted
[ ] Repeated or long-term use
Adapted from Central Michigan University's Copyright Web Guide, Cornell University’s Checklist for Conducting a Fair Use Analysis Before Using Copyrighted Materials, and North Carolina State University’s Fair Use Checklist.
Use this handy checklist to see if you are ready to use the TEACH Act
__ My institution is a nonprofit accredited educational institution or a government agency
__ It has a policy on the use of copyrighted materials
__ It provides accurate information to faculty, students and staff about copyright
__ Its systems will not interfere with technological controls within the materials I want to use
__ The materials I want to use are specifically for students in my class
__ Only those students will have access to the materials
__ The materials will be provided at my direction during the relevant lesson
__ The materials are directly related and of material assistance to my teaching content
__ My class is part of the regular offerings of my institution
__ I will include a notice that the materials are protected by copyright
__ I will use technology that reasonably limits the students' ability to retain or further distribute the materials
__ I will make the materials available to the students only for a period of time that is relevant to the context of the class session
__ I will store the materials on a secure server and transmit them only as permitted by this law
__ I will not make copies other than the one I need to make the transmission
__ The materials are of the proper type and amount the law authorizes
__ The materials are not among those the law specifically excludes from its coverage:
__ If I am using an analog original, I checked before digitizing it to be sure:
Copyright Crash Course by Georgia Harper. http://doi.org/10.15781/T24J09X6J