What is Fair Use?
Section 107 of the Copyright Act ~ 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:
- the purpose and character
of the use, including whether such use is of a commercial nature or is for
nonprofit educational purposes;
- the nature of the copyrighted
work;
- the amount and substantiality
of the portion used in relation to the copyrighted work as a whole; and
- 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The fact that a work is unpublished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 is made upon consideration
of all the above factors.
Go back to article