Although the works and uses to which the doctrine of fair use is
applicable are as broad as the copyright law itself, most of the
discussion of section 107 has centered around questions of classroom
reproduction, particularly photocopying. The arguments on the question
are summarized at pp. 30-31 of this Committee's 1967 report (H.R. Rep.
No. 83, 90th Cong., 1st Sess.), and have not changed materially in the
intervening years.

The Committee also adheres to its earlier conclusion, that "a specific
exemption freeing certain reproductions of copyrighted works for
educational and scholarly purposes from copyright control is not
justified." At the same time the Committee recognizes, as it did in
1967, that there is a "need for greater certainty and protection for
teachers." In an effort to meet this need the Committee has not only
adopted further amendments to section 107, but has also amended section
504(c) to provide innocent teachers and other non-profit users of
copyrighted material with broad insulation against unwarranted liability
for infringement. The latter amendments are discussed below in
connection with Chapter 5 of the bill.

In 1967 the Committee also sought to approach this problem by including,
in its report, a very thorough discussion of "the considerations lying
behind the four criteria listed in the amended section 107, in the
context of typical classroom situations arising today." This discussion
appeared on pp. 32-35 of the 1967 report, and with some changes has
been retained in the Senate report on S. 22 (S. Rep. No. 94-473, pp.
63-65). The Committee has reviewed this discussion, and considers that
it still has value as an analysis of various aspects of the problem.