CHECK LIST FOR FAIR USE

Element One: Purpose and character (What is the character of the use?) Favoring Fair Use Opposing Fair Use Nonprofit Profit Educational Commercial Personal Entertainment

Element Two: Nature (What is the nature of the work to be used?) Favoring Fair Use Opposing Fair Use Fact Fiction Published work Film or art Educational objectives music

Element Three: Amount (How much of the work will you use?) Favoring Fair Use Opposing Fair Use Small quantity Whole works Not central theme of work The amount is the central theme

Element Four: Effect (How would this effect the marketplace?) Favoring Fair Use Opposing Fair Use No effect on the market Could replace sale of work

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