heading, but with some differences.
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The concentrated attention given the fair use provision in the context
of classroom teaching activities should not obscure its application in
other areas. It must be emphasized again that the same general standards
of fair use are applicable to all kinds of uses of copyrighted material,
although the relative weight to be given them will differ from case to
case.
* * *
A problem of particular urgency is that of preserving for posterity
prints of motion pictures made before 1942. Aside from the deplorable
fact that in a great many cases the only existing copy of a film has
been deliberately destroyed, those that remain are in immediate danger
of disintegration; they were printed on film stock with a nitrate base
that will inevitably decompose in time. The efforts of the Library of
Congress, the American Film Institute, and other organizations to rescue
and preserve this irreplaceable contribution to our cultural life are to
be applauded, and the making of duplicate copies for purposes of
archival preservation certanly falls within the scope of "fair use."
* * *
During the consideration of the revision bill in the 94th Congress it
was proposed that independent newsletters, as distinguished from house
organs and publicity or advertising publications, be given separate
treatment. It is argued that newsletters are particularly vulnerable to
mass photocopying, and that most newsletters have fairly modest
circulations. Whether the copying of portions of a newsletter is an act
of infringement or a fair use will necessarily turn on the facts of the
individual case. However, as a general principle, it seems clear that
the scope of the fair use doctrine should be considerably narrower in
the case of newsletters than in that of either mass-circulation
periodicals or scientific journals. The commercial nature of the user is
a significant factor in such cases: Copying by a profit-making user of
even a small portion of a newsletter may have a significant impact on
the commercial market for the work.
The Committee has examined the use of excerpts from copyrighted works in
the art work of calligraphers. The committee believes that a single copy
reproduction of an excerpt from a copyrighted work by a calligrapher for
a single client does not represent an infringement of copyright.
Likewise, a single reproduction of ex
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