fair use


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unpublished shall not itself bar a finding of fair use if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

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