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TITLE 17 > CHAPTER 1 > § 107 (
http://www.law.cornell.edu/uscode/17/107.shtml
)
§ 107. Limitations on exclusive rights: Fair use;
Release date: 2004-04-30
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The fact that a work is unpublished shall not itself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.
