Nature
What is the nature of the copyrighted work?
Favoring Fair Use
- [+] Work to be used has been previously PUBLISHED
- [+] Work to be used contains limited new knowledge, content, or creative expression (in relation to previously copyrighted works)
- [+] Work to be used is primarily of a factual nature (non-fiction, collection of facts, etc.)
- [+] Original work was not created and/or has not been marketed for the stated purpose of the proposed use
Opposing Fair Use
- [-] Work to be used is UNPUBLISHED (not simply “out of print,” but never actually published)
- [-] Work contains a significant amount of new knowledge, information, or creative expression
- [-] Work is of a category of works considered highly creative (fine art, musical works, drama, artistic photography or film, etc.)
- [-] Work being used was created for and/or is being marketed for the stated purpose of the proposed use
- [-] Work is a “consumable” (workbooks or other such educational or other materials that are typically used only once)
