§ 107. Limitations on exclusive rights: Fair use ¹

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

1 Section 107 was amended by the Visual Artists Rights Act of 1990, Pub. L. 101-650, 104 Stat. 5089, 5128, 5132, which struck out "section 106" and inserted in lieu thereof "sections 106 and 106A". Section 107 was also amended by the Act of Oct. 24, 1992, Pub. L. 102-492, 106 Stat. 3145, which added the last sentence.

Courtesy of the Copyright Management Center at Indiana University. This statute is also available on-line at the U.S. Copyright Office, http://lcweb.loc.gov/copyright/title17/.

To read more about Fair Use, see: Fair-Use: Overview and Meaning for Higher Education by Kenneth D. Crews.

§ 107. Limitations on exclusive rights: Fair use 1

§ 107. Limitations on exclusive rights: Fair use ¹