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5. Fair Use: Fair use analysis

It is important to determine whether your use of a copyrighted work is fair use before you use it. There are a few ways to think about this. The most common is to do a fair use analysis. In doing a fair use analysis, you look through each of the four factors and determine whether your use is favoring or opposing fair use for that factor. You then look at all four factors together. If, overall, your use favors fair use, then you may proceed. If your use instead opposes fair use, you should reassess your use and determine if you can make any changes that could strengthen your fair use analysis.


The internet has a number of tools that can help you make your fair use analysis. One of the most common is the Fair Use Checklist. The checklist helps you look at the four factors and do a self-analysis of your use.


If you aren’t that comfortable with the checklist, you can try a more interactive tool developed by the American Library Association. It is called the Fair Use Evaluator. The evaluator asks you questions about your use and gives you a print out at the end. It also includes a tutorial that teaches you more about fair use and doing a fair use analysis.

 

 

 
Activity


 See if you can determine if something is fair use in That's Not Fair!

 



 



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