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that a work is unpublished shall not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
