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  • [-] Work to be used is UNPUBLISHED (not simply “out of print,” but never actually published)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)
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