§ 107. 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 by
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 The fact that a work is unpublished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.
For more information on the scope of copyrights, please
go here.
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