Fair Use Checklist:
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 Web or in other public forum

  • Repeated or long term use

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    Photo Caption: Timothy Vollmer