| Factors to Consider | Possible Fair Use | Probably Need Permission |
| Purpose and Character of Work | Noncommercial, Educational, Scholarly, Newsworthy | Commercial, Entertainment |
| Nature of the Work | Factual, Based on Public Documents | Creative |
| Degree of Use | Small Portion of Work Copied | Entire Work copied |
| Portion Used Compared to Length of Work |
Small % used | Large % used |
| Exposure | Single Use, Small Audience | Multiple Use, Large Public Audience |
| Premeditation | Spontaneous | Systematic, Continuing |
| Honesty of Use | Good Faith, Credit to Owner | Deception, Dishonesty |
In 2007, the Association of Research Libraries published an excellent brochure, for faculty and teaching assistants, called "Know your Copy Rights." It's available at www.knowyourcopyrights.org/resourcesfac/kycrbrochure.shtml. Topics include: fair use, the advantage of linking to instead of copying works, special provisions for displaying or performing works in classes, and a one-page chart that highlights 24 situations when various categories of works can be used.