Effect
What is the effect of the use on the potential market or value of the copyrighted work?
Favoring Fair Use
- [+] The work is NOT currently under commercial exploitation (out of print, no licensing available, etc.)
- [+] A market for the work as it will be used is absent or is negligible & use of the work will have little or no negative impact on its value or potential value
- [+] The copyright holder cannot be identified or cannot be found after a reasonable search, or, once found does not respond (one way or another) to requests for permission to use the work
- [+] Use of the work minimizes the potential for unauthorized use that could impact its value (i.e. steps are taken to ensure the content is not used outside of the stated purpose or audience)
- [+] Use of the work has the potential to create or improve the market for the work
- [+] The copy of the work to be used is a legal copy
- [+] Proper attribution will be given with the intended use
Opposing Fair Use
- [-] The work is currently under commercial exploitation (in-print, clear licensing available, etc.) and the use substitutes for purchasing or licensing a copy
- [-] The work already has an established market, or the clear potential for a future market as it is being used
- [-] The copyright holder denies a request for permission to use the work
- [-] The work is used in a way that would allow for unauthorized use that could negatively impact on its value
- [-] The copy of the work to be used may not be a legal copy
- [-] Use of the work has the potential to damage the market for the work or its potential value (reduce profits, damage or put market at jeopardy, etc.)
- [-] Proper attribution will NOT be given with the intended use
