...competitor would supplant the market for West's productsl. A 1992 amendment to the law added the following: "The fact that a work is unpublished shall not itself...if such finding is made upon consideration of all of the above factors." Pub. L. 102-492, 106 Stat. 3145 (Oct. 24, 1992l. 1795. 464 US 417 (1984}. 1796....

...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 The fact that a work is unpublished shall not itself...made upon consideration of all the above factors." As now cast in statutory language, fair use specifically supports teaching and research, but only within...

...the Importance traditionally accorded to any other consideration under this section, and shall not bar a finding of fair use if such finding is made upon full consideration of all the factors set forth in paragraphs (1) through This proposal is similar...

...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 The fact that a work is unpublished shall not itself...on exclusive rights: Reproduction by libraries and archives2 (a) Notwithstanding the provisions of section 106, it is not an infringement of copyright...

...the law as passed included words that many scholars might approve, such as the ringing assertion that "the fact that a work is unpublished shall not itself bar a finding of fair use," providing that the finding is made in consideration of the "purpose and character of use" (meaning...

...October 24, 1992, Pub. L. 102-492, 1992 USCCAN (106 Stat.) 3145 (adding to the fair use provisions, "The fact that a work is unpublished shall not itself...made upon consideration of all the above factors."). 74 17 USC § 104(a) (1988 & Supp. V 1993); HOUSE REPORT at 58, reprinted in 1976 USCCAN 5671 (Section...

...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 The fact that a work is unpublished shall not itself...finding is made upon consideration of all the above factors.2 The language may usefully be divided into two parts: the first sentence, which is largely...

...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 The fact that a work is unpublished shall not itself...finding is made upon consideration of all the above factors.27 The fair use limitation is intended to apply only when the otherwise infringing use is "for...

...work could be a fair use, §107 was amended in 1992. The amendment added a sentence which states that "The fact that a work is unpublished shall not itself...made upon consideration of all the above factors." While Congress was considering the bill that added this sentence to §107, the Second Circuit decided...

...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...made upon consideration of all the above factors. The doctrine of fair use, explains the Second Circuit, is "[t]raditionally conceived as based on authors'...