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Tools to help you determine fair use
- Fair Use Evaluator: helps users collect, organize, and document the information they may need to support a fair use claim, and provides a time-stamped PDF document for the users' records. Developed by the American Library Association.
- Fair Use Analysis Tool: guides users through the process of determining if a use is fair. Developed by The University of Minnesota Libraries.
- Fair Use Checklist from Columbia University
Fair Use in a Nutshell
Fair Use allows you to use copyrighted materials without permission. It is not sufficient to say that the use is for educational purposes and therefore fair use. A four-factor test must be applied and a balanced judgment must be made. The four factors are:
- Purpose or character of the use (educational or professional)
- Nature of the work used (published vs. unpublished; factual vs. creative)
- Portion or amount of the work used
- Impact on the market for the work (including the market for permissions)
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