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unpublished shall not itself bar a finding of fair use if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.
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