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unpublished shall not itself bar a finding of fair use if such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