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§ 107. Limitations on exclusive rights: Fair use | |
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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;
(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
The fact that a work is unpublished shall not itself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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