17 U.S.C. § 107 — Limitations on exclusive rights: Fair use

Even though sections 106 and 106A normally give the copyright owner control, this section says that a "fair use" of a copyrighted work is not copyright infringement. That includes reproducing it in copies or phonorecords, or using it in any other way section 106 or 106A would normally control. Fair use covers purposes like criticism, comment, news reporting, teaching (including making multiple copies for a classroom), scholarship, or research. To decide whether a particular use counts as fair use, courts must consider these factors: (1) the purpose and character of the use — including whether it's for commercial purposes or for nonprofit education; (2) the nature of the copyrighted work itself; (3) how much of the work was used, and how important that portion is compared to the whole work; and (4) what effect the use has on the potential market for, or value of, the copyrighted work. The fact that a work has never been published does not, by itself, stop a court from finding fair use — the court still has to weigh all four factors above.