Fair Use Analysis Checklist
The University of Rochester acknowledges and encourages the appropriate use (i.e., reproduction, distribution, performance, and display) of copyrighted works and materials for teaching, scholarship, and research purposes consistent with federal copyright law and the standards for fair use. Reliance upon the fair use exception should be limited to those cases that clearly meet the fair use balancing test in favor of the intended use, and are carefully documented to support that conclusion.
Section 107 of the copyright law sets forth four factors to be considered, weighed, and balanced when making a determination of fair use. These four factors appear below in a format to assist in making this determination. In all cases, considerations on the left side tend to favor fair use while considerations on the right side tip the balance in favor of seeking permission. All four factors must be taken into account before reaching a conclusion.
The Four Factors
2. The Purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes.
|Fair Use||Seek Permission|
|Criticism or commentary|
Again, uses on the left tend to tip the balance in favor of fair use while uses on the right favor seeking permission.
Based on the fair use analysis completed above, I have determined that my use of the material referenced above falls within the fair use exception. To the extent that I have made a good faith determination of fair use, I understand that the University will defend and indemnify me against any resulting legal claims or challenges.
I further understand that if I have intentionally falsified information on this form, or if my determination of fair use was not made in good faith, I may be subject to personal liability for copyright infringement.
Based on the fair use analysis completed above, I have determined that my use of the material referenced above does not fit within the fair use exception. I will obtain permission before using the material.