Draft 08/31/2009

(Questions? Comments? Contact Gail McMillan, Director of the Digitial Library and Archives, at gailmac@vt.edu)

Virginia Tech ETD Fair Use Analysis Details

Below are the questions you answered and the responses that favor fair use. More than two factors must weigh against the copyright holder for you to receive a fair use determination. If more than half of your answers to each factor matched the ones given below, your use of a copyrighted work favored fair use.

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

1. Was the purpose of your use of the copyrighted work for a business purpose or commercial activity? No

2. Was the reason for using the copyrighted work to entertain? No

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

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

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

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

1. Is it a creative work, such as a painting, poem, or work of fiction? No

2. Did it come from a published work? Yes

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

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

1. Did you use a substantial portion of the copyrighted work? No

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

3. Was the portion of the work you included in your ETD central to or the heart of the copyrighted work? No

Factor 4. Consider the effect your use of the copyrighted material will have on the sale of the copyrighted work.

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

2. Will access to the copyrighted work in your ETD have a notable effect on the market or potential market for the original work?: No

3. Is there a licensing mechanism in place for using the copyrighted work? No

4. Could access to the copyrighted material in your ETD replace the sale or use of the original copyrighted work? No

5. Would it be affordable (i.e., cost-effective) for you to get permission for using the copyrighted work?: No

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