Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/59

must be free to adapt the doctrine to particular situations on a case-by-case basis.^[1]

4.1. Section 107
Fair Use Purposes

• Criticism
• Comment
• News reporting
• Teaching (including multiple classroom copies)
• Scholarship
• Research
• Other possible uses

Let’s move to the Act. Section 107 begins with the statement that the fair use of a copyrighted work, including reproduction for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement. The Supreme Court has written that this list is not intended to be exhaustive, nor intended to single out any particular use as presumptively “fair.”^[2] And although the uses noted in the preamble are favored, you will see that not all copying done for such purposes is necessarily fair.

The Four Factors

Under the statute, a court deciding whether a use of a copyrighted work is a “fair use” must consider no less than four factors. Section 107 provides that:

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 substantially of the portion used in relation to the copyrighted work as a whole; and

---

1. H.R. Rep. No. 94-1476, at 66.
2. Harper & Row v. Nation Enters., 471 U.S. 539, 561 (1985).