US Copyright Law
§ 107.
Limitations on exclusive rights: Fair use38
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The fact that a work is unpublished shall not itself bar a finding of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.
§ 108.
Limitations on exclusive rights: Reproduction by libraries and
archives39
(a) Except as otherwise provided in this title and notwithstanding the
provisions of
section 106, it is not an infringement of copyright for a library
or archives, or any of its employees acting within the scope of their
employment, to reproduce no more than one copy or phonorecord of a
work, except as provided in subsections (b) and (c), or to distribute
such copy or phonorecord, under the conditions specified by this
section, if —
(1) the reproduction or distribution is made without any purpose of
direct or indirect commercial advantage;
(2) the collections of the library or archives are (i) open to the
public, or (ii) available not only to researchers affiliated with the
library or archives or with the institution of which it is a part, but
also to other persons doing research in a specialized field; and
(3) the reproduction or distribution of the work includes a notice of
copyright that appears on the copy or phonorecord that is reproduced
under the provisions of this section, or includes a legend stating
that the work may be protected by copyright if no such notice can be
found on the copy or phonorecord that is reproduced under the
provisions of this section.
(b) The rights of reproduction and distribution under this section
apply to three copies or phonorecords of an unpublished work
duplicated solely for purposes of preservation and security or for
deposit for research use in another library or archives of the type
described by clause (2) of subsection (a), if —
(1) the copy or phonorecord reproduced is currently in the collections
of the library or archives; and
(2) any such copy or phonorecord that is reproduced in digital format
is not otherwise distributed in that format and is not made available
to the public in that format outside the premises of the library or
archives.
(c) The right of reproduction under this section applies to three
copies or phonorecords of a published work duplicated solely for the
purpose of replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or stolen, or if the existing format in which the
work is stored has become obsolete, if —
(1) the library or archives has, after a reasonable effort, determined
that an unused replacement cannot be obtained at a fair price; and
(2) any such copy or phonorecord that is reproduced in digital format
is not made available to the public in that format outside the
premises of the library or archives in lawful possession of such copy.
For purposes of this subsection, a format shall be considered obsolete
if the machine or device necessary to render perceptible a work stored
in that format is no longer manufactured or is no longer reasonably
available in the commercial marketplace.
(d) The rights of reproduction and distribution under this section
apply to a copy, made from the collection of a library or archives
where the user makes his or her request or from that of another
library or archives, of no more than one article or other contribution
to a copyrighted collection or periodical issue, or to a copy or
phonorecord of a small part of any other copyrighted work, if —
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship,
or research; and
(2) the library or archives displays prominently, at the place where
orders are accepted, and includes on its order form, a warning of
copyright in accordance with requirements that the Register of
Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section
apply to the entire work, or to a substantial part of it, made from
the collection of a library or archives where the user makes his or
her request or from that of another library or archives, if the
library or archives has first determined, on the basis of a reasonable
investigation, that a copy or phonorecord of the copyrighted work
cannot be obtained at a fair price, if —
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship,
or research; and
(2) the library or archives displays prominently, at the place where
orders are accepted, and includes on its order form, a warning of
copyright in accordance with requirements that the Register of
Copyrights shall prescribe by regulation.
(f) Nothing in this section —
(1) shall be construed to impose liability for copyright infringement
upon a library or archives or its employees for the unsupervised use
of reproducing equipment located on its premises: Provided,
That such equipment displays a notice that the making of a copy may be
subject to the copyright law;
(2) excuses a person who uses such reproducing equipment or who
requests a copy or phonorecord under subsection (d) from liability for
copyright infringement for any such act, or for any later use of such
copy or phonorecord, if it exceeds fair use as provided by
section 107;
(3) shall be construed to limit the reproduction and distribution by
lending of a limited number of copies and excerpts by a library or
archives of an audiovisual news program, subject to clauses (1), (2),
and (3) of subsection (a); or
(4) in any way affects the right of fair use as provided by
section 107, or any contractual obligations assumed at any time by
the library or archives when it obtained a copy or phonorecord of a
work in its collections.
(g) The rights of reproduction and distribution under this section
extend to the isolated and unrelated reproduction or distribution of a
single copy or phonorecord of the same material on separate occasions,
but do not extend to cases where the library or archives, or its
employee —
(1) is aware or has substantial reason to believe that it is engaging
in the related or concerted reproduction or distribution of multiple
copies or phonorecords of the same material, whether made on one
occasion or over a period of time, and whether intended for aggregate
use by one or more individuals or for separate use by the individual
members of a group; or
(2) engages in the systematic reproduction or distribution of single
or multiple copies or phonorecords of material described in subsection
(d): Provided, That nothing in this clause prevents a library
or archives from participating in interlibrary arrangements that do
not have, as their purpose or effect, that the library or archives
receiving such copies or phonorecords for distribution does so in such
aggregate quantities as to substitute for a subscription to or
purchase of such work.
(h)(1) For purposes of this section, during the last 20 years of any
term of copyright of a published work, a library or archives,
including a nonprofit educational institution that functions as such,
may reproduce, distribute, display, or perform in facsimile or digital
form a copy or phonorecord of such work, or portions thereof, for
purposes of preservation, scholarship, or research, if such library or
archives has first determined, on the basis of a reasonable
investigation, that none of the conditions set forth in subparagraphs
(A), (B), and (C) of paragraph (2) apply.
(2) No reproduction, distribution, display, or performance is
authorized under this subsection if —
(A) the work is subject to normal commercial exploitation;
(B) a copy or phonorecord of the work can be obtained at a reasonable
price; or
(C) the copyright owner or its agent provides notice pursuant to
regulations promulgated by the Register of Copyrights that either of
the conditions set forth in subparagraphs (A) and (B) applies.
(3) The exemption provided in this subsection does not apply to any
subsequent uses by users other than such library or archives.
(i)
The rights of reproduction and distribution under this section do not
apply to a musical work, a pictorial, graphic or sculptural work, or a
motion picture or other audiovisual work other than an audiovisual
work dealing with news, except that no such limitation shall apply
with respect to rights granted by subsections (b) and (c), or with
respect to pictorial or graphic works published as illustrations,
diagrams, or similar adjuncts to works of which copies are reproduced
or distributed in accordance with subsections (d) and (e).