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Reproduction of Copyrighted Works By Educators and Librarians by Library of Congress. Copyright Office
page 14 of 75 (18%)
particular case: "Notwithstanding the provisions of section 106, 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."

The specific wording of section 107 as it now stands is the result of a
process of accretion, resulting from the long controversy over the
related problems of fair use and the reproduction (mostly by
photocopying) of copyrighted material for educational and scholarly
purposes. For example, the reference to fair use--"by reproduction in
copies or phonorecords or by any other means"--is mainly intended to make
clear that the doctrine has as much application to photocopying and
taping as to older forms of use; it is not intended to give these kinds
of reproduction any special status under the fair use provision or to
sanction any reproduction beyond the normal and reasonable limits of
fair use. Similarly, the newly-added reference to "multiple copies for
classroom use" is a recognition that, under the proper circumstances of
fairness, the doctrine can be applied to reproductions of multiple
copies for the members of a class.

The Committee has amended the first of the criteria to be
considered--"the purpose and character of the use"--to state explicitly
that this factor includes a consideration of "whether such use is of a
commercial nature or is for non-profit educational purposes." This
amendment is not intended to be interpreted as any sort of not-for-
profit limitation on educational uses of copyrighted works. It is an
express recognition that, as under the present law, the commercial or
non-profit character of an activity, while not conclusive with respect to
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