wise expire.

(e) Transfer and Waiver.- (1) The rights conferred by subsection (a) may
not be transferred, but those rights may be waived if the author
expressly agrees to such waiver in a written instrument signed by the
author. Such instrument shall specifically identify the work, and uses
of that work, to which the waiver applies, and the waiver shall apply
only to the work and uses so identified. In the case of a joint work
prepared by two or more authors, a waiver of rights under this paragraph
made by one such author waives such rights for all such authors.

(2) Ownership of the rights conferred by subsection (a) with respect to
a work of visual art is distinct from ownership of any copy of that
work, or of a copyright or any exclusive right under a copyright in that
work. Transfer of ownership of any copy of a work of visual art, or of a
copyright or any exclusive right under a copyright, shall not constitute
a waiver of the rights conferred by subsection (a). Except as may
otherwise be agreed by the author in a written instrument signed by the
author, a waiver of the rights conferred by subsection (a) with respect
to a work of visual art shall not constitute a transfer of ownership of
any copy of that work, or of ownership of a copyright or of any
exclusive right under a copyright in that work.

Section 107. Limitations on exclusive rights: Fair use [38]

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 nonprofit 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The fact that a work is unpublished shall not itself bar a finding of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.

Section 108. Limitations on