Fair Use Checklist

Fair Use is defined in §107 of the U.S. Copyright Law. The four factors are weighted together in deciding whether or not something constitutes a Fair Use.

Purpose and Character

The Purpose and Character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. It is expected that materials going on E-Reserves are to be used to further classroom instruction. As such, this factor is unlikely to cause a Fair Use concern.

Nature

The Nature of the copyrighted work. This factor pertains specifically to the type of material that is being requested for E-Reserves.

Amount and Substantiality

The Amount and Substantiality of the portion used in relation to the copyrighted work as a whole. Amount is measured both qualitatively and quantitatively. Copyright law does not define an exact allowable percentage of a work that can be used in E-Reserves. Quantity is evaluated in relation to the entire work. The smallest portion of the work that still supports the educational goal should be used.

Effect

The Effect of the use upon the potential market for or value of the copyright work. If the use of an item on E-Reserves precludes the theoretical purchase of that item in the market, then this factor may weigh against Fair Use.

Some of the language of this checklist and description were borrowed from the University of Wisconsin-Madison, which, in turn, used language from the Copyright Management Center, IUPUI.