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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