Page:H.R. Rep. No. 94-1476 (1976) Page 202.djvu

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 * width="33%" valign="top" align="center"|TEXT ADOPTED BY SENATE
 * width="33%" valign="top" align="center"|TEXT OF EXISTING LAW
 * width="33%" valign="top" align="center"|TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
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 * § 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of section 106, 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, 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:
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 * § 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of section 106, 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—
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 * (1) the purpose and character of the use;
 * (1) the purpose and character of the use;


 * (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
 * (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;


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 * (2) the nature of the copyrighted work;
 * (2) the nature of the copyrighted work;


 * (2) the nature of the copyrighted work;
 * (2) the nature of the copyrighted work;


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 * (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
 * (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and


 * (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
 * (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and


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 * (4) the effect of the use upon the potential market for or value of the copyrighted work.
 * (4) the effect of the use upon the potential market for or value of the copyrighted work.


 * (4) the effect of the use upon the potential market for or value of the copyrighted work.
 * (4) the effect of the use upon the potential market for or value of the copyrighted work.

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