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Cite Section 107 of U.S. Code on Blog-Website-For Educational and Informational Purposes. As a Disclaimer for using information in transformation while we share editorial opinion, news, reporting.

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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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)

such copy or phonorecord, if it exceeds fair use as provided by section 107.

(3)

shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a); or

(4)

in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections.

(g)The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee—

(1)

is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or

(2)

engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.

(h)

(1)

For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2)No reproduction, distribution, display, or performance is authorized under this subsection if—

(A)

the work is subject to normal commercial exploitation.

(B)

a copy or phonorecord of the work can be obtained at a reasonable price; or

(C)

the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies.

(3)

The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.

(i)

The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e).

(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546Pub. L. 102–307, title III, § 301, June 26, 1992, 106 Stat. 272Pub. L. 105–80, § 12(a)(4), Nov. 13, 1997, 111 Stat. 1534Pub. L. 105–298, title I, § 104, Oct. 27, 1998, 112 Stat. 2829Pub. L. 105–304, title IV, § 404, Oct. 28, 1998, 112 Stat. 2889Pub. L. 109–9, title IV, § 402, Apr. 27, 2005, 119 Stat. 227.)

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RESEARCH INDEX

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  2. Patents, Trademarks & Copyrights
  3. Copyrights Part 2
  4. Fair Use Doctrine (Title 17, Section 107)

Question 1

Because of the exclusive rights granted to authors under the 1976 Act, the ‘fair use doctrine’

Still exists but is now completely ineffective.

Is now part of the copyright statute.

Correct The 1976 Act codified the fair use doctrine which had long been established by the courts.

No longer exists.

Has been extended to significantly limit an author’s ability to create new works.

Question 2

In determining whether or not an unauthorized use of a copyrighted work is a ‘fair use’, the factors to be considered:

Include the purpose of the work and the effect the use has on the work’s value.

Correct These are included among the 4 factors listed by section 107 (which in themselves are not exhaustive).

Are the work and the effect the use has on the work’s value.

Include the nature of the copyrighted work and the time since it was created.

Are the nature of the copyrighted work and the time since it was created.

Question 3

It is never fair use to:

Use a copyrighted work in a commercial context.

Make changes to a copyrighted work which would tend to portray the work or its author in a negative light.

Use almost the entirety of the original work.

None of the above.

Correct Any one of these uses might fall under the fair use doctrine. There is no single factor which always outweighs the others, nor is it impossible for any given factor to outweigh all the others, given the right set of facts. See Campbell v. Acuff-Rose Music, 510 U.S. 569 1994).

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