Government and public statistics

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use

Legal Information Institute, Cornell Law School, n.d.

Read on October 17, 2026

What it is: The text of section 107 of the US Copyright Act, which sets out the fair use exception and the factors courts consider. The Legal Information Institute publishes the official code text with a reference page.
How much weight it carries: This is the statute itself, so the wording is primary. Whether a particular use is fair depends on the facts and is decided by courts case by case. The statute does not say that a use is or is not fair, and it applies only in the United States.

Facts taken from this source

Under US copyright law, the first factor in deciding whether a use is fair is its purpose and character, including whether the use is commercial or for nonprofit educational purposes.
“(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes” (17 U.S.C. 107, factor (1))
US copyright law says that fair use of a work for purposes such as criticism, comment, news reporting, teaching, scholarship or research is not an infringement of copyright.
“for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” (17 U.S.C. 107, opening sentence)