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Where the factors favoring fair use outnumber those against it, reliance on fair use is justified. Where fewer than half the factors favor fair use, instructors should seek permission from the rights holder. Where the factors are evenly split, instructors should consider the total facts weighing in favor of fair use as opposed to the total facts weighing against fair use in deciding whether fair use is justified. Not all of the facts will be present in any given situation. Check only those facts that apply to your use. No single item or factor is determinative of fair use.

Factor 1: Purpose and Character of the Use
Weighs in Favor of Fair Use Nonprofit Educational Teaching (including multiple copies for classroom use) Research or Scholarship Criticism, Comment, News Reporting, or Parody Transformative (use changes work for new utility or purpose) Personal Study Use is necessary to achieve your intended educational purpose	Weighs Against Fair Use Commercial activity Profiting from use Entertainment Non-transformative For publication For public distribution Use exceeds that which is necessary to achieve your intended educational purpose
Factor 2: Nature of Copyrighted Work
Weighs in Favor of Fair Use Published work Factual or nonfiction work Important to educational objectives	Weighs Against Fair Use Unpublished work Highly creative work (art, music, novels, films, plays, poetry, fiction) Consumable work
Factor 3: Amount and Substantiality of Portion Used
Weighs in Favor of Fair Use Small portion of work used Portion used is not central or significant to entire work as a whole Amount taken is narrowly tailored to educational purpose, such as criticism, comment, research, or subject being taught	Weighs Against Fair Use Large portion or entire work used Portion used is central to work or "heart of the work" Amount taken is more than necessary for criticism, comment, research, or subject being taught
Factor 4: Effect on Market for Original
Weighs in Favor of Fair Use No significant effect on market or potential market for copyrighted work Use stimulates market for original work No similar product marketed by the copyright holder No longer in print Licensing or permission unavailable Supplemental classroom reading One or few copies made or distributed User owns lawfully acquired or purchased copy of original work Restricted access (to students or other appropriate group)	Weighs Against Fair Use Significantly impairs market or potential market for copyrighted work or derivative Licensing or permission reasonably available Numerous copies made or distributed Repeated or long-term use that demonstrably affects the market for the work Required classroom reading User does not own lawfully acquired or purchased copy of original work Unrestricted access on the web or other public forum