The doctrine of fair use is described at 17 U.S.C. Section 107.
Sec. 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fact that a work is unpublished shall not itself bar a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.
return to Beezone