It takes practice to gain confidence in applying the fair use reasoning process. There is no one “right” answer in making a fair use determination, which is why the courts have established a “reasonableness standard” which limits the liability of librarians or teachers who make a good-faith judgment that might be judged to be a violation of copyright.
No one fair use checklist “fits” a particular case or situation. In some cases, a checklist can actually interfere with reasoning. A checklist can become a substitute or a short-cut for critical thinking. In thinking about fair use, each particular case must be critically examined through a reasoning process. SO if an educator goes through such a process to justify their use as fair use, it would be unlikely that that educator would “get into trouble” for copyright violation.
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