Copyright Act Section 107

And conversely that in the future other types of copying not permitted under these guidelines.

Copyright act section 107. Section 107 of the copyright act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses such as criticism comment news reporting teaching scholarship and research as examples of activities that may qualify as fair use. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future. The definition of educational fair use section 107 is a section within the scope of copyright law that addresses the use or reproduction of a copyrighted source that may be considered not only fair but also appropriate legal and ethical.

Additionally the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 act. Courts look at how the party claiming fair use is using the copyrighted work and are more likely to find that. Section 107 calls for consideration of the following four factors in evaluating a question of fair use.

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under section 107 of h r. That certain types of copying permitted under these guidelines may not be permissible in the future. For example if there is an express contractual prohibition against reproduction for any purpose this legislation shall not be construed as justifying a violation.

Clause 4 in addition to asserting that nothing contained in section 108 affects the right of fair use as provided by section 107 also provides that the right of reproduction granted by this section does not override any contractual arrangements assumed by a library or archives when it obtained a work for its collections. Fair use was not a novel proposition in 1976 however as federal courts had been using a common law form of the doctrine since the 1840s an english version of fair use appeared much earlier.