Selected year snapshot
For 1999, the active event in this file is Digital Millennium Copyright Act (DMCA), Pub. L. 105-304.
100%
Current rationale
The DMCA amended Section 108 to expand library and archive privileges: it allowed up to three copies (instead of one) for preservation and permitted digital copies for preservation under certain conditions (Section 108(b) and (c) amendments). It also added Chapter 12 (Section 1201 et seq.) creating anti-circumvention rules, which could restrict research access to technologically protected works. However, Section 1201(d) provided a limited exception for nonprofit libraries, archives, and educational institutions to circumvent access controls solely for the purpose of making a good-faith determination of whether to acquire a work. Section 107 fair use was not amended and remains fully in force. The DMCA's Section 1201(c)(1) states that nothing in Section 1201 affects rights, remedies, limitations, or defenses to copyright infringement, including fair use, under Title 17. The overall classification remains GREEN because Section 107's general fair use for research remains the most permissive exception and was not narrowed.
Exceptions considered
General fair use exception, unchanged. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution rights, expanded to allow up to three copies for preservation and digital copies under certain conditions.
Limited exception for nonprofit libraries, archives, and educational institutions to circumvent access controls to determine whether to acquire a work.
Law changes
Copyright Act of 1976 (Title 17, United States Code)
Baseline · Effective 1990-01-01
100%
Relevant section: Section 107, Section 108
Dates: Effective 1990-01-01 · Enacted 1976-10-19
Why this score
Section 107 is a general fair use provision that applies to any user, any type of work, and any exclusive right (reproduction, distribution, communication, etc.) — the phrase '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' covers all exclusive rights under Section 106. It explicitly lists 'scholarship, or research' as illustrative fair use purposes. It is not limited to private or personal use, not limited to specific institutions, and not limited to specific categories of works. The four-factor test is a proportionality analysis that does not cap the amount of a work that may be used — full-work reproduction can qualify as fair use depending on the circumstances. This is the most permissive exception and determines the GREEN classification. Section 108 provides additional library/archive copying rights but is less permissive (institutional only). The non-commercial factor in Section 107(1) is a consideration in the balancing test, not a restriction, and per the classification rules, non-commercial restrictions do not change the color. As of 1990-01-01, Section 107 had been amended by Pub. L. 101-650 (VARA, Dec. 1, 1990) to add the reference to Section 106A, but that amendment was not yet in force on 1990-01-01. The 1990-01-01 version references only Section 106. The text quoted reflects the post-1990 version as retrieved; the pre-VARA version was substantively identical for fair use purposes except it did not reference Section 106A.
Exceptions considered
General fair use exception: permits fair use of a copyrighted work by any means specified in Section 106, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Open to any user, any work, any exclusive right. Four-factor balancing test applies.
Library and archive reproduction and distribution: permits libraries and archives to reproduce and distribute copies of works under specified conditions, including for preservation, replacement, and patron research requests (single copy of an article or small part of a work, or entire work if not reasonably available).
Performance and display of works in face-to-face teaching activities at nonprofit educational institutions.
Original text
§ 107. Limitations on exclusive rights: Fair use 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.
Source links
Visual Artists Rights Act of 1990 (VARA), Pub. L. 101-650, Title VI
Relevant update · Effective 1990-12-01
100%
Relevant section: Section 107 (as amended by § 607 of Pub. L. 101-650)
Dates: Effective 1990-12-01 · Enacted 1990-12-01
Why this score
VARA added Section 106A (moral rights for visual artists) and amended Section 107 to add 'and 106A' so that fair use applies notwithstanding both Section 106 and Section 106A. This broadened the scope of fair use slightly by ensuring it overrides the new moral rights as well. The core fair use provision remains open to any user, any work, any exclusive right, and explicitly covers research and scholarship. Classification remains GREEN.
Exceptions considered
General fair use exception now expressly overrides both Section 106 and Section 106A rights. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution rights, unchanged.
Original text
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.
Source links
Pub. L. 102-492 (amendment to Section 107 regarding unpublished works)
Relevant update · Effective 1992-10-24
100%
Relevant section: Section 107 (final sentence added)
Dates: Effective 1992-10-24 · Enacted 1992-10-24
Why this score
This amendment added a final sentence to Section 107 clarifying that the unpublished nature of a work does not automatically preclude fair use. This broadened the scope of fair use for research purposes by ensuring that researchers may invoke fair use for unpublished works (e.g., archival materials, manuscripts, letters). The core fair use provision remains open to any user, any work, any exclusive right, and explicitly covers research and scholarship. Classification remains GREEN.
Exceptions considered
General fair use exception, now with added clarification that unpublished status does not bar fair use. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution rights, unchanged.
Original text
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.
Source links
Digital Millennium Copyright Act (DMCA), Pub. L. 105-304
Relevant update · Effective 1998-10-28
100%
Relevant section: Section 108 (as amended), Section 1201
Dates: Effective 1998-10-28 · Enacted 1998-10-28
Why this score
The DMCA amended Section 108 to expand library and archive privileges: it allowed up to three copies (instead of one) for preservation and permitted digital copies for preservation under certain conditions (Section 108(b) and (c) amendments). It also added Chapter 12 (Section 1201 et seq.) creating anti-circumvention rules, which could restrict research access to technologically protected works. However, Section 1201(d) provided a limited exception for nonprofit libraries, archives, and educational institutions to circumvent access controls solely for the purpose of making a good-faith determination of whether to acquire a work. Section 107 fair use was not amended and remains fully in force. The DMCA's Section 1201(c)(1) states that nothing in Section 1201 affects rights, remedies, limitations, or defenses to copyright infringement, including fair use, under Title 17. The overall classification remains GREEN because Section 107's general fair use for research remains the most permissive exception and was not narrowed.
Exceptions considered
General fair use exception, unchanged. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution rights, expanded to allow up to three copies for preservation and digital copies under certain conditions.
Limited exception for nonprofit libraries, archives, and educational institutions to circumvent access controls to determine whether to acquire a work.
Source links
Technology, Education, and Copyright Harmonization Act (TEACH Act), Pub. L. 107-273 (as part of 21st Century Department of Justice Appropriations Authorization Act)
Relevant update · Effective 2002-11-02
100%
Relevant section: Section 110(2) (as amended)
Dates: Effective 2002-11-02 · Enacted 2002-11-02
Why this score
The TEACH Act (enacted as part of Pub. L. 107-273, Nov. 2, 2002) amended Section 110(2) to expand the exception for performances and displays in distance education by accredited nonprofit educational institutions. It permits transmission of performances of nondramatic literary or musical works and reasonable and limited portions of other works in the course of mediated instructional activities. While relevant to educational research, this exception is limited to accredited nonprofit educational institutions (PURPLE for user restriction). Section 107 fair use remains the most permissive exception and was not amended. Classification remains GREEN.
Exceptions considered
General fair use exception, unchanged. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution rights, as amended by DMCA.
Performance and display in distance education by accredited nonprofit educational institutions, expanded by TEACH Act.
Source links
Marrakesh Treaty Implementation Act, Pub. L. 115-261
Relevant update · Effective 2018-10-09
100%
Relevant section: Section 121, Section 121A (new)
Dates: Effective 2018-10-09 · Enacted 2018-10-09
Why this score
Pub. L. 115-261 (Oct. 9, 2018) added Section 121A to implement the Marrakesh Treaty, expanding limitations on exclusive rights for reproduction for blind or other people with disabilities in Marrakesh Treaty countries. This is a specialized exception for accessibility, not a general research exception. Section 107 fair use remains the most permissive exception for research purposes and was not amended. Classification remains GREEN.
Exceptions considered
General fair use exception, unchanged. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution rights.
Reproduction for blind or other people with disabilities, including cross-border exchange under Marrakesh Treaty.
Source links
Copyright Act of 1976 (Title 17, United States Code), as amended through 2025
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Section 107, Section 108, Section 110, Section 121/121A
Dates: Effective 2025-01-01
Why this score
As of 2025, Section 107 of Title 17 U.S.C. remains the primary and most permissive exception relevant to research. It is a general fair use provision that: (1) Uses: covers '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' — this encompasses all exclusive rights under Section 106 (reproduction, distribution, public performance, public display, preparation of derivative works, and digital audio transmission), as well as Section 106A moral rights. The phrase 'by any other means' ensures it is not limited to reproduction. (2) Works: applies to any 'copyrighted work' without limitation by type or category. (3) Users: applies to any person — there is no restriction to individuals, institutions, or non-commercial users. The four-factor test includes commercial/non-commercial purpose as one consideration but does not exclude commercial use. Research and scholarship are explicitly listed as illustrative fair use purposes. There is no statutory TDM-specific exception in U.S. law as of 2025; however, TDM activities may qualify under Section 107's general fair use framework. The United States has no separate statutory provision specifically addressing text and data mining. Classification-neutral factors: the non-commercial consideration in factor (1) is a balancing element, not a restriction, and does not affect the GREEN classification. Section 108 (library/archive copying), Section 110 (educational performances/displays), and Section 121/121A (accessibility) remain in force but are less permissive than Section 107 for general research purposes.
Exceptions considered
General fair use exception: permits fair use of any copyrighted work by any means (all exclusive rights) for purposes including criticism, comment, news reporting, teaching, scholarship, or research. Open to any user, any work, any exclusive right. Four-factor balancing test. Unpublished status does not bar fair use.
Library and archive reproduction and distribution: permits libraries and archives (open to the public or available to researchers) to reproduce and distribute copies for preservation (up to 3 copies), replacement, and patron requests (single copy of article or small part; entire work if not reasonably available at fair price). Restricted to qualifying institutions.
Performance and display of works in face-to-face teaching at nonprofit educational institutions.
Performance and display in distance education by accredited nonprofit educational institutions (as amended by TEACH Act).
Reproduction and distribution of works in accessible formats for blind or other people with disabilities, including cross-border exchange under Marrakesh Treaty.
Original text
§ 107. Limitations on exclusive rights: Fair use 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.