Which factor is not part of the checklist for determining fair use?

The correct answer pertains to the checklist for determining fair use, which includes multiple criteria related to the nature and purpose of the usage, the type of work, and the amount being used. The commercial intent of the user, while it may be a consideration in some contexts, is not explicitly listed as a factor in the fair use checklist established by copyright law.

The educational purpose of the use is significant in evaluating fair use because uses that are educational or non-commercial tend to be favored. The nature of the work refers to whether the work is factual or creative, with factual works generally being more likely to qualify for fair use. Lastly, the amount of work being used weighs in on the determination, with smaller portions of a work being more likely to be deemed fair use compared to the use of whole works.

Understanding these factors is essential for educators and librarians in assessing whether their use of copyrighted materials falls under fair use, promoting both the protection of intellectual property and the ability to utilize materials for educational purposes.