cerpts from a copyrighted work by a
student calligrapher or teacher in a learning situation would be a fair
use of the copyrighted work.

The Register of Copyrights has recommended that the committee report
describe the relationship between this section and the provisions of
section 108 relating to reproduction by libraries and archives. The
doctrine of fair use applies to library photocopying, and nothing
contained in section 108 "in any way affects the right of fair use." No
provision of section 108 is intended to take away any rights existing
under the fair use doctrine. To the contrary, section 108 authorizes
certain photocopying practices which may not qualify as a fair use.

The criteria of fair use are necessarily set forth in general terms. In
the application of the criteria of fair use to specific photocopying
practices of libraries, it is the intent of this legislation to provide
an appropriate balancing of the rights of creators, and the needs of
users.

3. Excerpts From Conference Report on Section 107

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The following excerpt is reprinted from the Report of the
Conference Committee on the new copyright law (H.R. Rep. No. 94-1733,
page 70).
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FAIR USE

Senate bill

The Senate bill, in section 107, embodied express statutory recognition
of the judicial doctrine that the fair use of a copyrighted work is not
an infringement of copyright. It set forth the fair use doctrine,
including four criteria for determining its applicability in particular
cases, in general terms.

House bill

The House bill amended section 107 in two respects: in the general
statement of the fair use doctrine it added a specific reference to
multiple copies for classroom use, and it amplified the statement of the
first of the criteria to be used in judging fair use (the purpose and
character of the use) by referring to the commercial nature or nonprofit
educational purpose of the use.

Conference substitute

The conference substitute adopts the House amendments. The conferees
accept as part of their understanding of fair use the Guidelines for
Classroom Copying in Not-for-Profit Educational Institutions with
respect to books and periodicals appearing at pp. 68-70 of the House
Report (H. Rept. No. 94-1476, as corrected at p. H 10727 of the
Congressional Record for September