§ 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unpublished shall not itself bar a finding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.
