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Checklist

Here is a checklist to follow before you prepare and/or distribute copies, prepare derivative works, or publicly perform or display material that may be protected under copyright law.

1. Is the work in the public domain?

Yes No

If yes, no permission is needed; go ahead and use it.

2. If the work is not in the public domain, does it fall within the guidelines developed for C.O.D.

Yes No

If yes. Which Guideline? If no, proceed to a fair use analysis.

3. If it does not match any of the guidelines, may fair use be invoked instead of obtaining permission?

PURPOSE

Favoring Fair Use Opposing Fair Use
Teaching (including multiple copies for classroom use) Commercial activity
Research Profiting from the use
Scholarship Entertainment
Nonprofit educational institution Bad-faith behavior
Criticism Denying credit to original author
Comment
News reporting
Transformative use
Restricted access (ex. students in class)
Parody


NATURE

Favoring Fair Use Opposing Fair Use
Published work Unpublished work
Factual or nonfiction based Highly creative work (art, music, plays, films, novels)
Important to educational objectives Fiction


AMOUNT

Favoring Fair Use Opposing Fair Use
Small quantity Large portion or whole work used
Portion used is not central

or significant to entire work

Portion used is central to work

or "heart of the work"

Amount is appropriate for favored educational purpose


EFFECT

Favoring Fair Use Opposing Fair Use
User owns lawfully acquired or purchased copy of original work Could replace sale of copyrighted work
One or few copies made Significantly impairs market or potential market for copyrighted work or derivative
No significant effect on the market or potential market for copyrighted work Reasonably available licensing mechanism for use of the copyrighted work
No similar product marketed by the copyright holder Affordable permission available for using work
Lack of licensing mechanism Numerous copies made
You made it accessible on Web or in other public forum
Numerous copies made
Repeated or long term use

This checklist for fair use is based on an original document developed by the Copyright Management Center at Indiana University Purdue University Indianapolis.

4. If you are using the work in an online or electronic course have the TEACH Act requirements been met?

The institution:

  • Is an accredited nonprofit educational institution.
Yes No
  • Has policies regarding copyright
Yes No
  • Provides materials that "accurately describe and promote compliance with, the laws of the United States relating to copyright" to faculty, students, and staff.
Yes No
  • Provides "notice to students that materials used in connection with the course may be subject to copyright protection."
Yes No
  • Limits access to enrolled students.
Yes No

Information Technology Department:

  • Ensures that transmission is limited to enrolled students.
Yes No
  • Places technological controls on storage and dissemination that prevent "retention of the work in accessible form ...for longer than the class session. and to prevent students from further disseminating the work.
Yes No
  • Does not allow technological measures that were on the original material to be bypassed.
Yes No
  • Makes certain that the material is not maintained "on the system or network" longer that the period needed to make the transmission.
Yes No
  • Only retains copies of the digital transmissions so long as no further copies may be made.
Yes No

Instructors:

  • Use a non dramatic literary or musical works
Yes No
  • Use a reasonable and limited portions of dramatic works, displays of any work.
Yes No
  • Do not use a work that is produced "as part of mediated instructional activities transmitted via digital networks" or copies that are not legally made.
Yes No
  • Participate in the planning and teaching of the online course
Yes No
  • Only use materials as an integral part of the classroom experience.
Yes No
  • Are not using textbooks or other materials typically bought by students.
Yes No
  • Only convert analog materials to digital if a digital equivalent is not readily available.
Yes No


If the work is not in the public domain, is not covered by the C.O.D. guidelines, and fair use does not apply, then you must obtain permission from the copyright owner.

Retrieved from "http://codlibrary.org/Checklist"
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