Copyright

Fair use is a legal exception that allows limited use of copyrighted material without permission under certain conditions. It’s especially important in education, research, and commentary, but it’s not a blanket exemption.

To determine if something qualifies as fair use, U.S. copyright law requires that you consider all four factors below. No one factor is decisive; fair use is a balancing act.

Courts consider these four factors when evaluating whether a use is “fair” under copyright law:

1. Purpose and Character of the Use
   Is the use transformative? Is it for nonprofit, educational purposes or commercial gain?
2. Nature of the Copyrighted Work
   Is the work more factual or creative? Using factual works favors fair use.
3. Amount and Substantiality
   How much of the work is used? Was the “heart” of the work used?
4. Effect on the Market
   Could this use harm the market for the original or its licensing opportunities?

💡 Tip: Educational use alone does not guarantee fair use. All four factors must be considered.

Using a checklist can help you apply the four factors fairly and consistently. It also serves as helpful documentation if your use is ever questioned.

💡 Tip: A checklist does not guarantee legal protection, but it shows that you made a good faith effort to comply with copyright law.

You can save or print a completed checklist for your records or departmental compliance.

• 📄 University of Arkansas Fair Use Checklist (PDF)
  Officially recognized in NWACC’s copyright procedures.


• ✅ Columbia Checklist
  Breaks down favorable and unfavorable conditions for each factor.


• 📝 Fair Use Worksheet – Yale University
  A detailed fillable worksheet from Yale University to help you assess and document fair use decisions.

💡 Tip: A checklist does not guarantee legal protection, but it shows that you made a good faith effort to comply with copyright law.
You can save or print a completed checklist for your records or departmental compliance.

📚 Fair use is established in 17 U.S. Code § 107 and educational copying exceptions are found in 17 U.S. Code § 108.

📌 Need Help with Fair Use?
Fair use isn’t always clear-cut. If you’re unsure how the four factors apply to your course materials, we’re here to help.

The NWACC Library can:

• Walk you through the fair use checklist
• Help you decide whether linking, excerpting, or requesting permission makes the most sense
• Assist with documentation for department records

📧 Email us at library@nwacc.edu