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This checklist is a tool to assist you as you apply the fair use balancing test to specific situations in which you want to use copyrighted materials. If a particular use is fair use, it may proceed without authorization from the copyright owner; if the use does not fall within fair use, permission is necessary.
The fair use analysis is always circumstantial and never entirely certain. For each of the four fair use factors below, determine whether each listed circumstance favors or disfavors fair use based on the specific material in question and the use desired. Licensed products and materials are governed by contracts that may limit or exclude provisions of Fair Use.
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a reproduction. One of these specified conditions is that the reproduction is not to be "used for any
purpose other than private study, scholarship, or research". If a person later uses a reproduction for purposes in excess of "fair use", that person may be liable for copyright infringement.
Complete *Checklist for Fair Use Analysis for Electronic Reserves
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