“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).

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C. Fair use
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1. Text of Section 107

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===================== 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.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

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===================== 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. =======================================
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a.  House Report:  Introductory Discussion on Section 107

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===================== 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.** ========================
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SECTION 107.  FAIR USE