Draft 08/31/2009

(Questions? Concerns? Contact Gail McMillan, Director of the Digital Library and Archives at Virginia Tech's University Libraries: gailmac@vt.edu)

(Please ensure that Javascript is enabled on your browser before using this tool.)

Virginia Tech ETD Fair Use Analysis Tool

Factor 1: Consider the purpose and character of the use you made of someone else's copyrighted material in your ETD.

Assumptions impacting this factor: An ETD available on the Internet is considered the equivalent to making multiple copies available. VT is a non-profit educational institution. The purpose of the ETD is research, academic and educational.

1. Was the purpose of your use of the copyrighted work for a business or commercial activity?



Please make a selection.

2. Was the reason for using the copyrighted work also to entertain?



Please make a selection.

3. Was criticism, commentary, news reporting, or parody a reason for using the copyrighted work in your ETD?



Please make a selection.

4. Have you given credit to the author or creator of the copyrighted work in your ETD?



Please make a selection.

5. Did you redo or alter the copyrighted work to serve a new purpose when you used it in your ETD?



Please make a selection.

Factor 2: Consider the nature of the copyrighted work you used in your ETD.

1. Is it a creative work, such as a picture of a painting, a poem, or a work of fiction?



Please make a selection.

2. Did it come from a published work?




Please make a selection.

3. Is it a factual work, such as a quote from a scientific journal, a graph or a table derived from statistical data?



Please make a selection.

Factor 3: Consider the extent and significance of the copyrighted work you used.

1. Did you use a substantial portion of the copyrighted work?



Please make a selection.

2. Was the part of the copyrighted work you included in your ETD a negligible part of the whole work?




Please make a selection.

3. Was the portion of the work you included in your ETD central to or the heart of the copyrighted work?




Please make a selection.

Factor 4: Consider the effect your use of the copyrighted material may have on the (potential) sale of the copyrighted work.

1. Did you lawfully acquire a copy of copyrighted material you used in your ETD?



Please make a selection.

2. Will access to the copyrighted work in your ETD have a notable effect on the market or potential market for the original work?




Please make a selection.

3. Is there a licensing mechanism in place for using the copyrighted work?




Please make a selection.

4. Could access to the copyrighted material in your ETD replace the use of original copyrighted work?



Please make a selection.

5. Would it be affordable (i.e., cost-effective) for you to get permission for using the copyrighted work?





Please make a selection.

Valid XHTML 1.0 Transitional