there is a sincere fear on their part that, because of the vagueness or
ambiguity in the bill's treatment of the doctrine of fair use, they may
subject themselves to liability for an unintentional infringement of
copyright when all they were trying to do was the job for which they
were trained.

The vast majority of teachers in this country would not knowingly
infringe upon a person's copyright, but, as any teacher can appreciate,
there are times when information is needed and is available, but it may
be literally impossible to locate the right person to approve the use of
that material and the purchase of such would not be feasible and, in the
meantime, the teacher may have lost that "teachable moment."

Did the subcommittee take these problems into consideration and did they
do anything to try and help the teachers to better understand section
107?

Have the teachers been protected by this section 107?

Mr. KASTENMElER. Mr. Chairman, in response to the gentleman's question
and his observations preceding the question, I would say, indeed they
have.

Over the years this has been one of the most difficult questions. It is
a problem that I believe has been very successfully resolved.

Section 107 on "Fair Use" has, of course, restated four standards, and
these standards are, namely: The purpose and character of the use of the
material; the nature of the copyrighted work; the amount and
substantiality of the portion used in relation to the copyrighted work
as a whole; and the effect of the use upon the potential market for or
value of the copyrighted work.

These are the four "Fair Use" criteria. These alone were not adequate to
guide teachers, and I am sure the gentleman from Kansas (Mr. SKUBITZ)
understands that as a schoolteacher himself.

Therefore, the educators, the proprietors, and the publishers of
educational materials did, at the committee's long insistence, get
together. While there were many fruitless meetings, they did finally get
together.

Mr. Chairman, I will draw the gentleman's attention to pages 65 through
74 in the report which contain extensive guidelines for teachers. I am
very happy to say that there was an agreement reached between teachers
and publishers of educational material, and that today the National
Education Association supports the bill, and it has, in fact, sent a
telegram which at the appropriate time I will make a part of the RECORD
and which requests support for the bill in