Re: Fair use in unpublished Works

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Sun, 17 Jan 1999 11:19:54 -0800 (PST)

On Wed, 13 Jan 1999, Shelly Warwick <swarwick[_at_]sprynet.com> wrote:
>
> I noted the discussion on grading which stated that fair use had
> been extended to unpublished works in the DMCA. A scanning of
> the act and a search for the words unpublished or fair use
> yielded no results. Could someone kindly point me to the section
> of the act which includes this provision. Thanks in advance.

I don't think anyone said it was part of the DMCA. It was Pub.L. 102-492, 106 Stat. 3145, enacted October 24, 1992. The full text of this short statute is:

   An Act

   To amend title 17, United States Code, relating to fair use of    copyrighted works.

   Be it enacted by the Senate and House of Representatives of the United

       States of America in Congress assembled, That section 107 of title
       17, United States Code, is amended by adding at the end the
       following: `The fact that a work is unpublished shall not itself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.'.


-- 
Terry Carroll       | "Report of the Committee On Governmental Affairs,
Santa Clara, CA     | United States Senate, To Accompany S. 1364, An Act To
carroll[_at_]tjc.com     | Eliminate Unnecessary and Wasteful Federal Reports."

Modell delendus est | - Title of U.S. Senate Report 105-187, May 11, 1998 Received on Sun Jan 17 1999 - 19:22:22 GMT