Fair Use Four Factor Transformative Checklist

Caller independently verified purpose/character, nature, amount and market-effect review evidence; factors are not a points-based fair-use determination. Independently declared positive evidence requirements; overlaps and unknowns retained. Caller independently verifies context, evidence, reference edition and applicability; not factual authenticity, current legal advice or publication clearance.

Description

Fair-use review considers context across the applicable factors rather than a universal points total.

Fair-use review considers context across the applicable factors rather than a universal points total.1

Declared positive evidence can organize that review without resolving permission to publish. The tool compares your observed and known flags with your declared positive requirements, retaining unresolved candidates.

When to use Fair Use Four Factor Transformative Checklist

Use this tool to calculate or review the supplied observations under the stated rules. Establish the reviewed evidence, house style or applicable jurisdiction and dated reference.

How to use Fair Use Four Factor Transformative Checklist and understand its results

  1. Establish the reviewed evidence, house style or applicable jurisdiction and dated reference.
  2. Enter callerFairUseFactorsClassIds, callerFairUseFactorsRequirements, observedFairUseFactorsEvidence, knownFairUseFactorsFlags, using the field meanings and rules below, then run the tool.
  3. Read compatibleCallerClasses, fullyWitnessedCallerClasses, using the output meanings and calculation rules below. Distinguish compatible candidates from fully witnessed classes; compatibility can retain unknown required evidence.
  4. Correct any reported input issue and run again. Before using a successful result, check the stated units, signs, reference scope and observation coverage.
Input fieldMeaningValue typeRequirement
callerFairUseFactorsClassIdsCaller fair use factors class idslist of stringRequired
callerFairUseFactorsRequirementsCaller fair use factors requirementsnumeric matrixRequired
observedFairUseFactorsEvidenceObserved fair use factors evidencelist of numberRequired
knownFairUseFactorsFlagsKnown fair use factors flags; binary 1 means the matched observation is known, 0 means unknownlist of numberRequired

Use unique nonblank class IDs and a nonempty binary requirement matrix aligned by class and evidence column. Every class must require at least one positive feature. A one requires presence; zero ignores the feature and does not require absence. Supply binary observed evidence and known flags. A known required zero excludes a class; an unknown required feature retains compatibility but prevents full witnessing. Return all compatible classes and the subset with every required feature known and present. Classes may overlap.

compatible_c=∀j(requirement_cj=0 or known_j=0 or evidence_j=1); witnessed_c=∀j(requirement_cj=0 or (known_j=1 and evidence_j=1))

Use the matching field units and the exact boundary, ordering and reference rules above.

Output fieldMeaningValue type
compatibleCallerClassesCompatible caller classeslist of string
fullyWitnessedCallerClassesFully witnessed caller classeslist of string
json
{
  "input": {
    "callerFairUseFactorsClassIds": [
      "a",
      "b"
    ],
    "callerFairUseFactorsRequirements": [
      [
        1,
        0
      ],
      [
        0,
        1
      ]
    ],
    "observedFairUseFactorsEvidence": [
      1,
      0
    ],
    "knownFairUseFactorsFlags": [
      1,
      0
    ]
  },
  "output": {
    "compatibleCallerClasses": [
      "a",
      "b"
    ],
    "fullyWitnessedCallerClasses": [
      "a"
    ]
  }
}

Limitations and assumptions

Annotations and applicable policies must be independently reviewed. The tool does not authenticate facts, establish current law or grant publication clearance. Compatible classes with unknown evidence are not positive identifications. Fully witnessed classes satisfy only the declared positive requirements.

Missing required fields, unknown fields, wrong types and violated rules return input issues. Numeric values and outputs must be finite. Lists and matrices must be dense, without missing cells. Numeric lists allow at most 10000 entries; ordinary string lists allow at most 128 strings of 128 UTF-16 units each; numeric matrices allow at most 128 rows and 128 columns, subject to narrower requirements above.

Alternative or Complementary methods

For a related step, use Photo Credit Attribution Format AP Style Lookup: A photo credit identifies attribution under a specified agency or publication convention. For a complementary comparison, use SPJ Code Ethics Dilemma Checklist Checker: The SPJ ethics framework addresses truth seeking, harm, independence and accountability.

References

  1. Fair Use Four Factor Transformative Checklist — tool.io

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