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2 Comm. & L. 17 (1980)
Fair Use: Considerations in Written Works

handle is hein.journals/coml2 and id is 295 raw text is: Communications and the Law JEFFREY E. JACOBSON Fair Use: Considerations in Written Works Jeffrey E. Jacobson, J.D., New York Law School, B.A., Philosophy, Fordham University, was formerly student clerk for U.S. Magistrate Joel J. Tyler, U.S. District Court for the Southern District of New York. I. INTRODUCTION Although codified for the first time as section 107 of the Copyright Act of 1976,1 the doctrine of fair use has existed as an affirmative defense This paper has been entered in the Nathan-Burkan Memorial Competition of the American Society of Composers, Authors and Publishers. The author wishes to express his appreciation for the advice and encouragement of Professor Edward Samuels, New York Law School, and Scott Batterman, formerly Articles Editor, New York Law School Review. 1. Section 107. Limitations on Exclusive Rights: Fair Use. Notwithstanding the provision 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, com- ment, news reporting, teaching (including multiple copies for classroom use), scholarly, or research, Is not an infringement of copyright. In determining Communications and the Law, Vol. 2, No. 4, Fall 1980, CEarl M. Coleman Ent., Inc. 17 0162-9093/80/1200-0017$05.00/0

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