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<B>Sec. 107. Limitations on exclusive rights: Fair use
</b><P>
<BR>
Notwithstanding the provisions of sections <A HREF="../17/106.html" TARGET="_top">106</A> 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 -
<UL><LI><A NAME="1"></A>(1)
the purpose and character of the use, including whether
<BR>
such use is of a commercial nature or is for nonprofit
<BR>
educational purposes;
</UL>

<UL><LI><A NAME="2"></A>(2)
the nature of the copyrighted work;
</UL>

<UL><LI><A NAME="3"></A>(3)
the amount and substantiality of the portion used in
<BR>
relation to the copyrighted work as a whole; and
<BR>
(4) the effect of the use upon the potential market for or
<BR>
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The fact that a work is unpublished shall not itself bar a finding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.

</UL>

United States
Code

TITLE 17 -
COPYRIGHTS

CHAPTER 1 -
SUBJECT MATTER AND SCOPE OF COPYRIGHT

US Code as of: 01/02/01
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fact that a work is unpublished shall not itself bar a finding of fair use if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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