Purpose
What is the purpose and character of the use being considered?
Favoring Fair Use
- [+] Use is for "criticism, comment, news reporting, teaching, (including multiple print copies for classroom use), scholarship or research"
- [+] Use is transformative, i.e. it uses the existing work in a new way (creates an index to the work) or for a new purpose (parody, pastiche, instructional materials, etc.) Transformative works are favored because the purpose of U.S. Copyright Law is to encourage the development and dissemination of new knowledge to benefit the public and thereby advance learning.
- [+] Use is socially beneficial (promotes the creation of new knowledge, learning, etc.) [define how]
- [+] Use is not-for-profit
- [+] Use is clearly defined and is restricted in scope (limited duration, not iterative, restricted access, etc.)
- [+] Use is one-time, or is only occasional or spontaneous
Opposing Fair Use
- [-] Use is NOT for “criticism, comment, news reporting, teaching, scholarship or research”
- [-] Use is for-profit, or by a commercial entity
- [-] Original work is simply duplicated, or reused toward its original intention, rather than being used to create a new work with a new purpose
- [-] Scope of the use is not well defined or is systematic, iterative, or ongoing
- [-] Use creates a derivative work of the original (full translation, adaptation, abridged version, etc.)
