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Sådan beskrives fair use i den ame
rikanske Copyright Act fra 1976:
17 U.S.C. § 107
Notwithstanding the provisions of
sections 17 U.S.C. § 106 and 1
7 U.S.C. § 106A, the fair use
of a copyrighted work, includi
ng such use by reproduction in copi
es or phonorecords or by
any other means specified by that
section, for purposes such as criticis
m, comment, news
reporting, teaching (including mul
tiple copies for classroom use), s
cholarship, or research,
is not an infringement of copyright. In de
termining whether the use made of
a work in any
particular case is a fair use the fac
tors to be considered shall include:
1. the purpose and character of the us
e, including whether such use is of
a commercial nature or is for
nonprofit educational purposes;
2. the nature of the copyrighted wor
k;
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 pot
ential market for or value of the cop
yrighted work.
The fact that a work is unpublished s
hall not itself bar a finding of fair us
e if such finding is
made upon consideration of all t
he above factors.
Fair use fakta