Legal Question in Intellectual Property in Texas

Section 107 of the Copyright Act provides that

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The fact that a work is unpublished shall not itself bar a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

If you need specific advice as to applicability of the above law to your particular situation, see an intellectual property law attorney.