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 The
Fair-Use Statute Section 107 of the Copyright Act of 1976.
Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the
fair use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified in that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair
use the factors to be considered shall include-
1.The purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
2.The nature of the copyrighted work;
3.The amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
4.The effect of the use upon the potential market for or value
of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all
the above factors.
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