The Committee has amended the first of the criteria to be
considered--"the purpose and character of the use"--to state explicitly
that this factor includes a consideration of "whether such use is of a
commercial nature or is for non-profit educational purposes." This
amendment is not intended to be interpreted as any sort of not-for-
profit limitation on educational uses of copyrighted works. It is an
express recognition that, as under the present law, the commercial or
non-profit character of an activity, while not conclusive with respect to
fair use, can and should be weighed along with other factors in fair use
decisions.

*General intention behind the provision*

The statement of the fair use doctrine in section 107 offers some
guidance to users in determining when the principles of the doctrine
apply. However, the endless variety of situations and combinations of
circumstances that can rise in particular cases precludes the
formulation of exact rules in the statute. The bill endorses the purpose
and general scope of the judicial doctrine of fair use, but there is no
disposition to freeze the doctrine in the statute, especially during a
period of rapid technological change. Beyond a very broad statutory
explanation of what fair use is and some of the criteria applicable to
it, the courts must be free to adapt the doctrine to particular
situations on a case-by-case basis. Section 107 is intended to restate
the present judicial doctrine of fair use, not to change, narrow, or
enlarge it in any way.

*b. House Report: Statement of Intention as to Classroom Reproduction*

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The House Report differs substantially from the Senate Report on
this point.
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*(i) Introductory Statement*

*Intention as to classroom reproduction*

Although the works and uses to which the doctrine of fair use is
applicable are as broad as the copyright law itself, most of the
discussion of section 107 has centered around questions of classroom
reproduction, particularly photocopying. The arguments on the question
are summarized at pp. 30-31 of this Committee's 1967 report (H.R. Rep.
No. 83, 90th Cong., 1st Sess.), and have not changed materially in the
intervening years.

The Committee also adheres to its earlier conclusion, that "a specific
exemption freeing certain reproductions of copyright