Reproduction of Copyrighted Works by Educators and Librarians | Page 6

of the bill is to set forth the copyright owner's exclusive
rights in broad terms in section 106, and then to provide various
limitations, qualifications, or exemptions in the 12 sections that follow.
Thus, everything in section 106 is made "subject to sections 107
through 118," and must be read in conjunction with those provisions.
* * *
*Rights of reproduction, adaptation, and publication*
The first three clauses of section 106, which cover all rights under a
copyright except those of performance and display, extend to every
kind of copyrighted work. The exclusive rights encompassed by these
clauses, though closely related, are independent; they can generally be
characterized as rights of copying, recording, adaptation, and
publishing. A single act of infringement may violate all of these rights
at once, as where a publisher reproduces, adapts, and sells copies of a
person's copyrighted work as part of a publishing venture. Infringement
takes place when any one of the rights is violated: where, for example,
a printer reproduces copies without selling them or a retailer sells
copies without having anything to do with their reproduction. The
references to "copies or phonorecords," although in the plural, are
intended here and throughout the bill to include the singular (1 U.S.C.
Sec. 1).

*Reproduction.*--Read together with the relevant definitions in section
101, the right "to reproduce the copyrighted work in copies or
phonorecords" means the right to produce a material object in which
the work is duplicated, transcribed, imitated, or simulated in a fixed
form from which it can be "perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device."
As under the present law, a copyrighted work would be infringed by
reproducing it in whole or in any substantial part, and by duplicating it
exactly or by imitation or simulation. Wide departures or variations
from the copyrighted work would still be an infringement as long as the
author's "expression" rather than merely the author's "ideas" are taken.
An exception to this general principle, applicable to the reproduction of
copyrighted sound recordings, is specified in section 114.
"Reproduction" under clause (1) of section 106 is to be distinguished
from "display" under clause (5). For a work to be "reproduced," its
fixation in tangible form must be "sufficiently permanent or stable to
permit it to be perceived, reproduced, or otherwise communicated for a
period of more than transitory duration." Thus, the showing of images
on a screen or tube would not be a violation of clause (1), although it
might come within the scope of clause (5).

----------- C. FAIR USE -----------
1. *Text of Section 107*
===================================================
================== The following is a reprint of the entire text of
section 107 of title 17, United States Code.
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==================
*Section 107. Limitations on exclusive rights: Fair use*
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 non-profit 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.
*2. Excerpts From House Report on Section 107*
===================================================
================== The following excerpts are reprinted from the
House Report on the new copyright law (H.R. Rep. No. 94-1476, pages
65-74). The discussion of section 107 appears at pages 61-67 of the
Senate Report (S. Rep. No. 94-473). The text of this section of the
Senate Report is not reprinted in this booklet, but similarities and
differences between the House and Senate Reports on particular points
will be noted below.
===================================================
==================
*a. House Report: Introductory Discussion on Section 107*
===================================================
================== The first two paragraphs in this portion of the

House Report are closely similar to the Senate Report. The remainder
of the passage differs substantially in the two Reports.**
===================================================
==================
SECTION 107. FAIR USE
*General background of the problem*
The judicial doctrine of fair use, one of the most important and
well-established limitations on the exclusive right of copyright owners,
would be given express statutory recognition for the first time in
section 107. The