Limitations on Copyright

The following acts do not constitute copyright infringement:[1]

  1. The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society;[2]
  2. The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries, so long as the source and the name of the author, if appearing on the work, are mentioned;[3]
  3. The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific, or religious topic, lectures, addresses, and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved, so long as the source is clearly indicated;[4]

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Special limitation: Fair use of a copyrighted work

The fair use of a copyrighted work for criticism, comment, news reporting, teaching, including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.[1]

Factors to determine fair use

In determining whether the use made of a work in any particular case is fair use, the factors to be considered include:[2]

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;[3]
  2. The nature of the copyrighted work;[4]
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;[5] and
  4. The effect of the use upon the potential market for or value of the copyrighted work.[6]

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