[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-detail-187990-en":3,"doc-seo-187990-105":30,"detail-sidebar-cat-1-en-105":91},{"code":4,"msg":5,"data":6},0,"success",{"doc_id":7,"user_id":8,"nickname":9,"user_avatar":10,"doc_module":11,"category_id":12,"category_name":13,"doc_title":14,"doc_description":15,"doc_content":16,"file_id":17,"file_url":18,"file_type":19,"file_size":20,"view_count":4,"is_deleted":4,"is_public":11,"is_downloadable":11,"audit_status":11,"page_count":21,"language":22,"language_code":23,"site_id":24,"html_lang":23,"table_of_contents":25,"faqs":26,"seo_title":27,"seo_description":15,"update_tm":28,"read_time":29},187990,13056703019404,"Miles","https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0",1,17,"Forms","Fair Use Analysis Tool - 1 - Checklist for Copyrighted Material","Fair Use Analysis Tool provides a structured method for evaluating whether using copyrighted material without permission can qualify under the fair use defense. It explains the legal threshold from Section 107 and the four controlling factors: purpose and character, nature of the work, amount and substantiality used, and market effect. It also requires users to complete and retain a university form for each determination and document factor assessments, including contextual notes, to support compliant decision-making.","| Name:   | Date:   |\n| --- | --- |\n| Course/Project:   |  |\n| Description of Copyrighted Material (Title,Author,Date of Copyright):  \u003Cbr>Amount of proposed use (e.g.number of pages,chapters,lines or duration)vs.whole work   |  |\n\nFAIR USE ANALYSIS TOOL  \nWhat is fair use?While copyright law restricts the use of copyrighted materials without thecopyright holder's permission,the doctrine of fair use is available under certain circumstances as adefense to using copyrighted works without permission.As a threshold issue,section 107 of theCopyright Act provides that a fair use analysis may be applied where copyrighted works are used\"for purposes such as criticism,comment,news reporting,teaching(including multiple copies forclassroom use),scholarship,or research.”The copyright law then lists the following four factorsthat must be considered in determining whether a particular use falls under the \"fair use\"defense:  \n(1)the purpose and character of the use,including whether such use is of a commercialnature or is for nonprofit educational purposes;  \n(2)the nature of the copyrighted work;  \n(3)the amount and substantiality of the portion used in relation to the copyrighted work as  \na whole;and  \n(4)the effect of the use upon the potential market for,or value of,the copyrighted work.  \nBecause the four factors as codified into law are broad,the most useful guidance on these factorsis gleaned from court decisions ruling on whether challenged uses of copyrighted works areprotected under the fair use defense.*From time to time,the Ofice of the General Counsel willpost onits website examples of the types of use that generally fall under fair use.  \nYour responsibility:The applicability of the fair use factors depends on the particular facts ofyour proposed use.Because you are most familiar with your proposed use,you are in the bestposition to determine whether your proposed use of copyrighted material is likely to be permittedunder the fair use defense.This tool has been developed to assist you in applying the four factorsto your proposed use so that you can appropriately assess whether your proposed use of acopyrighted work can be covered by fair use.  \nTo comply with University policy,you are required to complete and retain a copy of this form inconnection with each“fair use”determination of a copyrighted work to document that yourdecision-making process for using the proposed work comports with the law.Please use the\"Notes\"section to add more contextual information regarding your assessment of the factors inconnection with your intended use.  \n# 1.Purpose and Character of Your Use\n\nRule:While the copyright law distinguishes between commercial and nonprofit educationalpurposes,this distinction is not dispositive of fair use.In enacting the law,Congress specifically  \nrejected an exemption that would protect all use for educational purposes.More significant toyour assessment is whether your intended use of a copyrighted work merely duplicates the work orwhether it will alter or transform the original work in such a way as to create something new.Where the intended use is educational and transformative,your use is more likely to fall under fairuse.Even if your use is arguably commercial,your use may still qualify as fair use if it is highlytransformative.Where your use merely duplicates an original work,it is quite likely that your usewillnot fall under fair use,even if your use is for nonprofit educational purposes.  \nApplication:  \nIs the purpose of your intended use different than that of the original work?  \nDoes your proposed use transform the original work by adding something new,presenting it in adifferent medium and context,or altering the original work by creating new expression,insights ormeaning?  \nYour assessment:  \n\n| Describe details regarding purpose and character of the proposed use:   |\n| --- |\n\n# 2.Nature of the Copyrighted Work\n\nRule:This factor is straightforward,but as with the other factors,not dispositive.Courts ha","cbCail00skwlrYT8","https://ap.wps.com/l/cbCail00skwlrYT8","pdf",256643,5,"English","en",105,"# Fair Use Analysis Tool\n## What is fair use?\n## Your responsibility\n## 1. Purpose and Character of Your Use\n## 2. Nature of the Copyrighted Work\n## 3. Amount and Substantiality of the Portion to be Used\n## 4. Effect on the Market for the Original Work","[{\"question\":\"What are the legal grounds for fair use analysis in U.S. copyright law?\",\"answer\":\"Section 107 of the Copyright Act permits fair use analysis when copyrighted works are used for purposes such as criticism, news reporting, teaching, scholarship, or research.\"},{\"question\":\"How do the four fair use factors guide an assessment?\",\"answer\":\"The evaluation considers purpose and character, the nature of the copyrighted work, the amount and substantiality used, and the effect on the potential market or value of the original work.\"},{\"question\":\"Why does the tool emphasize documentation for a proposed fair use determination?\",\"answer\":\"University policy requires completing and retaining a copy of the form for each fair use determination to document decision-making and support that the process aligns with the law.\"}]","Fair Use Analysis Tool - 1 - Checklist for Copyrighted Material | PDF",1788386631,2,{"code":4,"msg":31,"data":32},"ok",{"site_id":24,"language":23,"slug":33,"title":14,"keywords":34,"description":15,"schema_data":35,"social_meta":86,"head_meta":88,"extra_data":90,"updated_unix":28},"fair-use-analysis-tool-1-checklist-for-copyrighted-material","",{"@graph":36,"@context":85},[37,53,68],{"@type":38,"itemListElement":39},"BreadcrumbList",[40,44,47,50],{"item":41,"name":42,"@type":43,"position":11},"https://docshare.wps.com","Home","ListItem",{"item":45,"name":46,"@type":43,"position":29},"https://docshare.wps.com/template/","Template",{"item":48,"name":13,"@type":43,"position":49},"https://docshare.wps.com/template/forms/",3,{"item":51,"name":14,"@type":43,"position":52},"https://docshare.wps.com/template/fair-use-analysis-tool-1-checklist-for-copyrighted-material/187990/",4,{"url":51,"name":14,"@type":54,"author":55,"headline":14,"publisher":57,"fileFormat":60,"inLanguage":23,"description":15,"dateModified":61,"datePublished":62,"encodingFormat":60,"isAccessibleForFree":63,"interactionStatistic":64},"DigitalDocument",{"name":9,"@type":56},"Person",{"url":41,"name":58,"@type":59},"DocShare","Organization","application/pdf","2026-09-06","2026-09-02",true,{"@type":65,"interactionType":66,"userInteractionCount":11},"InteractionCounter",{"@type":67},"ViewAction",{"@type":69,"mainEntity":70},"FAQPage",[71,77,81],{"name":72,"@type":73,"acceptedAnswer":74},"What are the legal grounds for fair use analysis in U.S. copyright law?","Question",{"text":75,"@type":76},"Section 107 of the Copyright Act permits fair use analysis when copyrighted works are used for purposes such as criticism, news reporting, teaching, scholarship, or research.","Answer",{"name":78,"@type":73,"acceptedAnswer":79},"How do the four fair use factors guide an assessment?",{"text":80,"@type":76},"The evaluation considers purpose and character, the nature of the copyrighted work, the amount and substantiality used, and the effect on the potential market or value of the original work.",{"name":82,"@type":73,"acceptedAnswer":83},"Why does the tool emphasize documentation for a proposed fair use determination?",{"text":84,"@type":76},"University policy requires completing and retaining a copy of the form for each fair use determination to document decision-making and support that the process aligns with the law.","https://schema.org",{"og:url":51,"og:type":87,"og:title":14,"og:site_name":58,"og:description":15},"article",{"robots":89,"canonical":51},"index,follow",{"doc_id":7,"site_id":24},{"code":4,"msg":5,"data":92},[93,98,103,108,113,118,121,126,130],{"id":94,"doc_module":11,"doc_module_name":46,"category_name":95,"show_sort_weight":96,"slug":97},11,"Presentations",90,"presentations",{"id":99,"doc_module":11,"doc_module_name":46,"category_name":100,"show_sort_weight":101,"slug":102},12,"Resumes",80,"resumes",{"id":104,"doc_module":11,"doc_module_name":46,"category_name":105,"show_sort_weight":106,"slug":107},14,"Invoices",70,"invoices",{"id":109,"doc_module":11,"doc_module_name":46,"category_name":110,"show_sort_weight":111,"slug":112},15,"Posters",60,"posters",{"id":114,"doc_module":11,"doc_module_name":46,"category_name":115,"show_sort_weight":116,"slug":117},16,"Social Media",50,"social-media",{"id":12,"doc_module":11,"doc_module_name":46,"category_name":13,"show_sort_weight":119,"slug":120},40,"forms",{"id":122,"doc_module":11,"doc_module_name":46,"category_name":123,"show_sort_weight":124,"slug":125},18,"Letters",30,"letters",{"id":127,"doc_module":11,"doc_module_name":46,"category_name":128,"show_sort_weight":21,"slug":129},21,"Paper Templates","papers-templates",{"id":131,"doc_module":11,"doc_module_name":46,"category_name":132,"show_sort_weight":4,"slug":133},158,"General","general-158"]