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17 U.S.C. § 107 — Limitations on exclusive rights: Fair use
Federal law — U.S. Code and appendices · legal_authorities
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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Source file: Laws/federal/codes/united-states-code/title-17/section-107-limitations-on-exclusive-rights-fair-use--2606420d53.md
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Source location: Title 17, Chapter 1, § 107; chapter-001-subject-matter-and-scope-of-copyright.md
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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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise provided by this title, an infringer of copyright is liable for either—
(1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
**(b) Actual Damages and Profits.—** The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
**(c) Statutory Damages.—**
(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden o
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) 11 So in original. No par. (2) has been enacted. Whoever, in any of the circumstances described in subsection (c), knowingly traffics in—
(A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany—
(i) a phonorecord;
(ii) a copy of a computer program;
(iii) a copy of a motion picture or other audiovisual work;
(iv) a copy of a literary work;
(v) a copy of a pictorial, graphic, or sculptural work;
(vi) a work of visual art; or
(vii) documentation or packaging; or
(B) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more than 5 years, or both.
**(b)** As used in this section—
(1) the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not;
(2) the term “traffic” has the same meaning as in [section 2320(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2320/f&num=0&edition=prelim);
(3) the terms “copy”, “phonorecord”, “motion picture”, “computer program”, “audiovisual work”, “literary work”, “pictorial, graphic, or sculptural work”, “sound recording”, “work of visual art”, and “copyright owner” have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17;
(4) the term “illicit label” means a genuine certificate, licensing document, registration card, or similar labeling component—
(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging
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Federal law — U.S. Code and appendices · legal_authorities
Page 26
TITLE 17—COPYRIGHTS
§ 107
(4) All terms of the rights conferred by sub-
section (a) run to the end of the calendar year in
which they would otherwise expire.
(e) TRANSFER AND WAIVER.—(1) The rights con-
ferred by subsection (a) may not be transferred,
but those rights may be waived if the author ex-
pressly agrees to such waiver in a written in-
strument signed by the author. Such instrument
shall specifically identify the work, and uses of
that work, to which the waiver applies, and the
waiver shall apply only to the work and uses so
identified. In the case of a joint work prepared
by two or more authors, a waiver of rights under
this paragraph made by one such author waives
such rights for all such authors.
(2) Ownership of the rights conferred by sub-
section (a) with respect to a work of visual art
is distinct from ownership of any copy of that
work, or of a copyright or any exclusive right
under a copyright in that work. Transfer of own-
ership of any copy of a work of visual art, or of
a copyright or any exclusive right under a copy-
right, shall not constitute a waiver of the rights
conferred by subsection (a). Except as may oth-
erwise be agreed by the author in a written in-
strument signed by the author, a waiver of the
rights conferred by subsection (a) with respect
to a work of visual art shall not constitute a
transfer of ownership of any copy of that work,
or of ownership of a copyright or of any exclu-
sive right under a copyright in that work.
(Added Pub. L. 101–650, title VI, § 603(a), Dec. 1,
1990, 104 Stat. 5128.)
Editorial Notes
REFERENCES IN TEXT
Section 610(a) of the Visual Artists Rights Act of 1990
[Pub. L. 101–650], referred to in subsec. (d), is set out as
an Effective Date note below.
Statutory Notes and Relat
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