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The fact that a work is unpublished shall not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.
