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ATTACHMENT 6
 
CHECKLISTS FOR FAIR USE/TEACH Act
 
Fair Use
Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.
 
Name:_________________________________                                                Date:____________

Project:_________________________________
 
Institution:______________________________ Prepared by:_________________________________
 
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 or Productive use (changes the work for new utility)
_ Restricted access (to students or other appropriate group)
_ Parody
 
NATURE
 
Favoring Fair Use                                                                          Opposing Fair Use
 
_ Published work                                                                           _ Unpublished work
_ Factual or nonfiction based                                                          _ Highly creative work (art, music, novels, films, plays)
_ Important to favored educational objectives                                    _ Fiction
 
AMOUNT
 
Favoring Fair Use                                                                         Opposing Fair Use
 
_ Small quantity                                                                            _ Large portion or whole work used
_ Portion used is not central                                                           _ Portion used is central to work or significant to
_ Amount is appropriate for favored educational purpose                       entire work or "heart of work”
 
EFFECT
 
Favoring Fair Use                                                                        Opposing Fair Use
 
_ User owns lawfully acquired                                                       _ Could replace sale of copyrighted work
   or purchased copy of original work                                              _ Significantly impairs market or potential
_ One or few copies made                                                                market for copyrighted work or derivative
_ No significant effect on the market or                                          _ Reasonably available licensing mechanism
   potential market for copyrighted work                                             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                                 _ Repeated or long-term use
   public forum                             
 
(Based on a checklist from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)
 
 
 
TEACH Act Checklist
 
Instructions: Review each of the statements listed below. Click on a box to insert or remove a check mark. If all boxes are checked, you comply with the TEACH Act.
Print the form. At the bottom of the page, identify yourself, the course and the material being considered.
Sign, date and retain the page with your course records.
Note: To comply with the TEACH Act, all checkboxes should be checked.

 
My institution is a nonprofit accredited educational institution or a governmental agency
 
My institution has a policy on the use of copyrighted materials.
 
My institution provides accurate information to faculty, students and staff about copyright
 
The institution's systems will not interfere with technological controls within the materials I want to use
 
The materials I want to use are specifically for students in my class
 
Only those students will have access to the materials
 
The materials will be provided at my direction during the relevant lesson
 
The materials are directly related and of material assistance to my teaching content
 
My class is part of the regular offerings of my institution
 
I will include a notice that the materials are protected by copyright
 
I will use technology that reasonably limits the students' ability to retain or further distribute the materials
 
I will make the materials available to the students only for a period of time that is relevant to the context of a class session
 
I will store the materials on a secure server and transmit them only as permitted by this law (Vista or Luminis Course Tools)
 
I will not make any copies other than the one I need to make the transmission
 
The materials are of the proper type and amount the law authorizes:
  • Entire performances of nondramatic literary and musical works
  • Reasonable and limited parts of a dramatic literary, musical, or audiovisual works
  • Displays of other works, such as images, in amounts similar to typical displays in face-to-face teaching
 
The materials are not among those the law specifically excludes from its coverage:
  • Materials specifically marketed for classroom use for digital distance education
  • Copies I know or should know are illegal
  • Textbooks, coursepacks, electronic reserves and similar materials typically purchased individually by the students for independent review outside the classroom or class session
 
If I am using an analog original, I checked before digitizing it to be sure:
  • I copied only the amount that I am authorized to transmit
  • There is no digital copy of the work available except with technological protections that prevent my using it for the class in the way the statute authorizes
 
If I am using a digital original that employs technology that must be circumvented (such as an encrypted DVD), I am:
  • Teaching a Film Studies course
  • I am using "reasonable and limited" portions as part of a compilation of movie scenes.
Name of Instructor:

 
Name of Course:

 
Name of Work:

 
Signature:

 
Date:

 

 
To comply with the TEACH Act, all checkboxes should be checked.

 
Legal Disclaimer: This site is not intended to provide legal advice. If you are uncertain as to your rights and responsibilities, you are encouraged to seek an attorney’s advice.
 
 
(Based on a checklist from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director.)

CVCC