Selected year snapshot
For 1999, the active event in this file is Code of the Federated States of Micronesia, Title 35, Chapter 1 - Copyrights.
100%
Current rationale
Section 107 is a general fair use clause modeled on U.S. 17 USC § 107. It expressly covers 'scholarship, or research' as illustrative purposes. The phrase 'fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section' means it covers reproduction AND any other exclusive right listed in § 106 (including distribution, public performance, display, and derivative works). It applies to all types of works and all users — there is no restriction to private individuals or institutions. This satisfies all three dimensions (Uses: any exclusive right; Works: all works; Users: any user) and maps to GREEN. The non-commercial factor in the four-factor test is a proportionality qualifier, not a categorical restriction, and is classification-neutral. Section 108 provides additional library/archive reproduction rights, and § 109 provides other specific limitations, but § 107 is the most permissive and determines the color.
Exceptions considered
General fair use exception covering reproduction and any other exclusive right for purposes including scholarship and research, open to all users and all works, subject to four-factor balancing test.
Reproduction by libraries and archives — permits libraries and archives to make copies under specified conditions for preservation, replacement, and user requests.
Other limitations on exclusive rights of specific works — includes first sale and other specific limitations.
Law changes
Code of the Federated States of Micronesia, Title 35, Chapter 1 - Copyrights
Baseline · Effective 1990-01-01
100%
Relevant section: § 107, § 108, § 109
Dates: Effective 1990-01-01 · Enacted 1990
Why this score
Section 107 is a general fair use clause modeled on U.S. 17 USC § 107. It expressly covers 'scholarship, or research' as illustrative purposes. The phrase 'fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section' means it covers reproduction AND any other exclusive right listed in § 106 (including distribution, public performance, display, and derivative works). It applies to all types of works and all users — there is no restriction to private individuals or institutions. This satisfies all three dimensions (Uses: any exclusive right; Works: all works; Users: any user) and maps to GREEN. The non-commercial factor in the four-factor test is a proportionality qualifier, not a categorical restriction, and is classification-neutral. Section 108 provides additional library/archive reproduction rights, and § 109 provides other specific limitations, but § 107 is the most permissive and determines the color.
Exceptions considered
General fair use exception covering reproduction and any other exclusive right for purposes including scholarship and research, open to all users and all works, subject to four-factor balancing test.
Reproduction by libraries and archives — permits libraries and archives to make copies under specified conditions for preservation, replacement, and user requests.
Other limitations on exclusive rights of specific works — includes first sale and other specific limitations.
Original text
§ 107. Limitation on exclusive rights - Fair use. Notwithstanding the provisions of section 106, 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.
Source links
Code of the Federated States of Micronesia, Title 35, Chapter 1 - Copyrights
Current law confirmation · Effective 2025-01-01
100%
Relevant section: § 107, § 108, § 109
Dates: Effective 2025-01-01
Why this score
As of 2025, the FSM copyright law (Title 35, Chapter 1) remains unchanged with respect to the research-relevant exceptions. Section 107 continues to provide a general fair use exception covering 'scholarship, or research' as illustrative purposes. The exception covers reproduction and any other exclusive right specified in § 106 (including distribution, public performance, display, and preparation of derivative works). It applies to all types of works and is open to any user. This satisfies all three dimensions: Uses (any exclusive right via 'by any other means specified by that section'), Works (all works — 'a copyrighted work' without category restriction), and Users (no restriction to private individuals or institutions). Classification: GREEN. The non-commercial nature factor in the four-factor test is a proportionality qualifier and is classification-neutral. No TDM-specific exception exists, but the general fair use clause would encompass TDM activities. Section 108 (library/archive reproduction) and § 109 (other limitations) remain in force but are less permissive than § 107. WIPO Lex lists Public Law 21-08 as an additional IP-related law for FSM, but based on available information it does not appear to amend the copyright exceptions in §§ 107-109. No amendments to the research-relevant exceptions were identified between the original enactment and 2025.
Exceptions considered
General fair use exception covering reproduction and any other exclusive right for purposes including scholarship and research, open to all users and all works, subject to four-factor balancing test.
Reproduction by libraries and archives — permits libraries and archives to make copies under specified conditions for preservation, replacement, and user requests.
Other limitations on exclusive rights of specific works — includes first sale and other specific limitations.
Original text
§ 107. Limitation on exclusive rights - Fair use. Notwithstanding the provisions of section 106, 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.