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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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17ch1_1.ws
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/* We continue with the Copyright Act, Chapter 1, The rights of
the holder of copyright..*/
S 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 [17 USC S 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.
/* ANY COMMERCIAL USE of copyright property is PRESUMPTIVELY not
a fair use. If the BBS you run is not for profit, the courts
would still interpret as "commercial" the receipt of donations.
Ok, though, here is the good news. The use of short extracts of
news would probably qualify as a fair use. However, a scanned
page from Playboy/Playgirl isn't a fair use. */
S 108. Limitations on exclusive rights: Reproduction by libraries
and archives
(a) Notwithstanding the provisions of section 106 [17 USC S 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, 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.
(b) The rights of reproduction and distribution under this
section apply to a copy or phonorecord of an unpublished work
duplicated in facsimile form 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
(1), if the copy or phonorecord reproduced is currently in the
collections of the library or archives.
(c) The right of reproduction under this section applies to a
copy or phonorecord of a published work duplicated in facsimile
form solely for the purpose of replacement of a copy or
phonorecord that is damaged, deteriorating, lost, or stolen, if
the library or archives has, after a reasonable effort,
determined that an unused replacement cannot be obtained at a
fair price.
(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 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 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 [17 USC S 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) and subsection (a); or
(4) in any way affects the rights of fair use as provided by
section 107 [17 USC S 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, 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) 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).
(i) Five years from the effective date of this Act, and at five-
year intervals thereafter, the Register of Copyrights, after
consulting with representatives of authors, book and periodical
publishers, and other owners