G1 Checklist

[Joke Grinman]

TheFair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law (Section 107 of the U.S. Copyright Act). The four factors form the structure of this checklist. Congress and courts have offered some insight into the specific meaning of the factors, and those interpretations are reflected in the details of this form.

A proper use of this checklist should serve two purposes. First, it should help you to focus on factual circumstances that are important in your evaluation of fair use. The meaning and scope of fair use depends on the particular facts of a given situation, and changing one or more facts may alter the analysis. Second, the checklist can provide an important mechanism to document your decision-making process. Maintaining a record of your fair use analysis can be critical for establishing good faith; consider adding to the checklist the current date and notes about your project. Keep completed checklists on file for future reference.

As you use the checklist and apply it to your situations, you are likely to check more than one box in each column and even check boxes across columns. Some checked boxes will favor fair use and others may oppose fair use. A key issue is whether you are acting reasonably in checking any given box, with the ultimate question being whether the cumulative weight of the factors favors or turns you away from fair use. This is not an exercise in simply checking and counting boxes. Instead, you need to consider the relative persuasive strength of the circumstances and if the overall conditions lean most convincingly for or against fair use. Because you are most familiar with your project, you are probably best positioned to evaluate the facts and make the decision.

This checklist is provided as a tool to assist you when undertaking a fair use analysis. The four factors listed in the Copyright Statute are only guidelines for making a determination as to whether a use is fair. Each factor should be given careful consideration in analyzing any specific use. There is no magic formula; an arithmetic approach to the application of the four factors should not be used. Depending on the specific facts of a case, it is possible that even if three of the factors would tend to favor a fair use finding, the fourth factor may be the most important one in that particular case, leading to a conclusion that the use may not be considered fair.

The Checklist and this introduction is licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews (formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).

Please do not submit this checklist with your Form I-765. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-765.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

If you were paroled into the United States after establishing a credible fear of persecution or torture under INA 235(b)(1)(A), you are not eligible for either an initial or renewed Employment Authorization Document under the (c)(11) eligibility category. You may still be eligible to apply for work authorization based on the (c)(8) eligibility category if your asylum application has been pending for more than 365 days and you meet the remaining eligibility requirements.

Warning: Homeport recommends using Microsoft Edge. Unsupported browsers; such as Chrome, Firefox or Safari, may erroneously say credentials are invalid or display an incompatibility warning. If this happens please contact the NMC via chat, email or phone.

The checklists are based upon the Code of Federal Regulations (CFR) and US Coast Guard policies. The CFR, Navigation and Vessel Inspection Circular' (NVIC) and published policies will help you to understand the requirements for our Merchant Mariner Credentialing Program. When a conflict is noted between the checklist and the CFR, the CFR is the overriding factor.

46 CFR 11.201 requires that an applicant for STCW must hold the appropriate National Endorsement, unless otherwise specified. Check applicable NVIC for list of appropriate National Endorsement but not all NVIC's may have been updated yet to reflect this information.

Able seamen and ordinary seamen operate the vessel and its deck equipment under officer supervision. On tankers, mariners are designated to hook up hoses, operate pumps, and clean tanks. The following are ratings in the deck department:

Qualified members of the engine department (QMEDs), maintain proper running order in the engine spaces below deck, under the direction of engineering officers. Wipers are entry-level workers, who clean, paint the engine room and its equipment, and assist in maintenance and repairs. The following are ratings in the engine department:

The Coast Guard no longer issues original endorsements for Deck Engineer, Deck/Engine Mechanic, or Engineman, or individual endorsements for Refrigerating Engineer, Machinist, Electrician, and Pumpman. However, a mariner who holds any of these endorsements may continue to renew them as long as he or she is otherwise qualified.

Renewal

A credential may be renewed at any time during its validity and for one year after expiration. NOTE: Whenever an applicant applied for "renewal" of an endorsement as deck officer, engineer officer, or qualified rating more than 12 months after expiration, instead of meeting the requirements of 46 CFR 10.227 (d) (8), the applicant must demonstrate continued professional knowledge by completing a course or by passing the complete examination.

Duplicate

Upon request and without examination, a mariner may be issued a duplicate credential after submitting an application with an affidavit describing the circumstances of the loss. The duplicate issued will have the same wording, authority, and expiration date as the lost credential.

Re-instatement

An applicant must apply as an original MMC if the MMC sought is the first credential issued to the applicant after their previous credential has expired beyond the grace period (one year past the expiration date of MMC) and they do not hold a Document of Continuity.

Most U.S. Department of Transportation (DOT) discretionary grants include selection criteria associated with creating good jobs and expanding workforce opportunities. Although the criteria may differ among grants, a strong job quality and workforce plan consists generally of three core components, listed below:

This checklist is also meant to encourage greater partnership between transportation and workforce agencies at the state and local levels. Transportation agencies should be aware that the U.S. Department of Labor has also sent an advisory notice to the federal workforce system on how to partner with transportation entities on infrastructure law implementation. See that advisory notice here.

The following is NOT the Web Content Accessibility Guidelines (WCAG) 2. It is a checklist that presents our recommendations for implementing the most common accessibility principles and techniques for those seeking WCAG conformance. The language used here significantly simplifies and condenses the official WCAG 2.2 specification and supporting materials to make it easier to implement and verify for web pages. The checklist contains links to the official success criteria.

To understand the GDPR checklist, it is also useful to know some of the terminology and the basic structure of the law. You can find this information on our What is GDPR? page. Please keep in mind that nothing on this page constitutes legal advice. We recommend you speak with an attorney specialized in GDPR compliance who can apply the law to your specific circumstances.

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