Fair Use Tool

How to Save As PDF

On most computers, when you go to the Print menu, there is a "Save as PDF" option.

Usage

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.)
• 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.)

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• Work to be used is UNPUBLISHED (not simply "out of print," but never actually published).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).

Portion

What is the amount and substantiality of the portion used in relation to the work as a whole?

Favoring Fair Use

• Only limited and reasonable portions will be used.
• The portion used is not the "heart" of the work (the portion considered most central to the work as a whole).
• Only the amount required to achieve the stated, socially-beneficial purpose or objective will be used (be that educational, artistic, scholarly, journalistic, etc.)
• If the entire work is to be used (which would NOT favor the use being fair), it is clear that no less than the entire work will achieve the stated purpose of the use (e.g. use of a photograph, a short poem, an article, etc.)
• The amount used falls within widely recognized fair use guidelines vetted by key stakeholder groups.

Opposing Fair Use

• The entire work, or the "heart" of the work, is used (the "heart" is the portion considered most central to the work as a whole).
• portion of the work greater than what is needed to achieve the stated purpose or objective is used.
• The amount used clearly exceeds established fair use guidelines.
• An excessive, or unreasonable amount of the work is used.

Market

What is the effect of the use on the potential market or value of the copyrighted work?

Favoring Fair Use

• The work is NOT currently under commercial exploitation (out of print, no licensing available, etc.)
• A market for the work as it will be used is absent or is negligible & use of the work will have little or no negative impact on its value or potential value.
• The copyright holder cannot be identified or cannot be found after a reasonable search, or, once found does not respond (one way or another) to requests for permission to use the work.
• Use of the work minimizes the potential for unauthorized use that could impact its value (i.e. steps are taken to ensure the content is not used outside of the stated purpose or audience).
• Use of the work has the potential to create or improve the market for the work.
• The copy of the work to be used is a legal copy.
• Proper attribution will be given with the intended use.

Opposing Fair Use

• The work is currently under commercial exploitation (in-print, clear licensing available, etc.) and the use substitutes for purchasing or licensing a copy.
• The work already has an established market, or the clear potential for a future market as it is being used.
• The copyright holder denies a request for permission to use the work.
• The work is used in a way that would allow for unauthorized use that could negatively impact on its value.
• The copy of the work to be used may not be a legal copy.
• Use of the work has the potential to damage the market for the work or its potential value (reduce profits, damage or put market at jeopardy, etc.)
• Proper attribution will NOT be given with the intended use.