ectly or with the aid of a machine or device." As under the
present law, a copyrighted work would be infringed by reproducing it in
whole or in any substantial part, and by duplicating it exactly or by
imitation or simulation. Wide departures or variations from the
copyrighted work would still be an infringement as long as the author's
"expression" rather than merely the author's "ideas" are taken. An
exception to this general principle, applicable to the reproduction of
copyrighted sound recordings, is specified in section 114.

"Reproduction" under clause (1) of section 106 is to be distinguished
from "display" under clause (5). For a work to be "reproduced," its
fixation in tangible form must be "sufficiently permanent or stable to
permit it to be perceived, reproduced, or otherwise communicated for a
period of more than transitory duration." Thus, the showing of images on
a screen or tube would not be a violation of clause (1), although it
might come within the scope of clause (5).

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C. FAIR USE
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1. *Text of Section 107*

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The following is a reprint of the entire text of section 107 of title
17, United States Code.
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*Section 107. Limitations on exclusive rights: Fair use*

Notwithstanding the provisions of sections 106 and 106A, 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, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright. In determining whether the use made
of a work in any particular case is a fair use the factors to be
considered shall include--

(1) the purpose and character of the use, including whether such use is
of a commercial nature or is for non-profit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a 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The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above
factors.

*2. Excerpts From House Report on S