Fair Use in Copyright Law

[James Love <love@cptech.org>]

I have received a few questions regarding the rights of persons to
forward copyrighted materials to non-commerical interent discussion
lists.  In the United States, this is about the public's rights under
"Fair Use," which is a limitation on the exclusive rights of the
author.  This is the U.S. Statute.  Jamie

http://www4.law.cornell.edu/uscode/17/107.html

17 USC Sec 107

Sec. 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 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     unpublished shall not itself bar a finding of fair use if 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. 

-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org