Selected year snapshot
For 2013, the active event in this file is Digital Millennium Copyright Act (DMCA) (Pub. L. 105-304).
100%
Current rationale
The DMCA (1998) amended Section 108 to allow libraries and archives to make up to three digital copies for preservation and to permit interlibrary loan of digital copies (with restrictions on further digital distribution). It also added Section 1201 anti-circumvention provisions, which could limit access to digitally protected works but included exceptions for certain research activities (Section 1201(d) for nonprofit libraries, archives, and educational institutions; Section 1201(g) for encryption research). Section 107 fair use was not amended and remained fully in force. The overall classification remains GREEN because Section 107's open-ended fair use for research/scholarship continues to apply to all users, all works, and all exclusive rights. The DMCA's anti-circumvention provisions are access-control measures, not modifications to the copyright exceptions themselves, and Section 107 fair use was preserved.
Exceptions considered
General fair use exception for purposes including scholarship and research, unchanged by DMCA.
Library and archive exception, amended by DMCA to permit digital preservation copies and updated interlibrary loan provisions.
Exception to anti-circumvention for nonprofit libraries, archives, and educational institutions to gain access for acquisition decisions.
Exception to anti-circumvention for encryption research.
Law changes
Copyright Act of 1976 (Title 17, United States Code)
Baseline · Effective 1978-01-01
100%
Relevant section: Section 107
Dates: Effective 1978-01-01 · Enacted 1976-10-19
Why this score
American Samoa is an unincorporated territory of the United States. Federal copyright law (Title 17, U.S. Code) applies to American Samoa. Section 107 provides a general fair use exception that explicitly lists 'scholarship' and 'research' as illustrative purposes. The term 'fair use' covers 'reproduction in copies or phonorecords or by any other means specified by that section,' meaning it extends to any exclusive right under Section 106, including reproduction, distribution, and communication/display. It applies to all types of works and all users (no restriction to individuals or institutions). This is a classic open-ended fair use clause: any user, any work, any use (including sharing/distribution), for research. This maps to GREEN. Additionally, Sections 108 (library/archive reproduction), 107's coverage of teaching/scholarship, and Section 121 (accessible copies) provide further exceptions, but Section 107 is the most permissive. Classification-neutral factors (non-commercial preference in factor 1, proportionality in factors 2-4) do not change 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.
Library and archive reproduction and distribution exception permitting copies for users, preservation, and interlibrary loan under specified conditions.
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. 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.
Source links
Act of October 24, 1992 (Pub. L. 102-492)
Relevant update · Effective 1992-10-24
100%
Relevant section: Section 107 (amendment adding final sentence)
Dates: Effective 1992-10-24 · Enacted 1992-10-24
Why this score
This amendment broadened Section 107 by clarifying that fair use can apply to unpublished works. This is relevant to research because researchers frequently need to use unpublished manuscripts, letters, and archival materials. The amendment reinforced the GREEN classification by removing a potential barrier to fair use for research involving unpublished works. All other exceptions remained in force. The overall classification remains GREEN based on Section 107's open fair use clause covering any user, any work, any use for research/scholarship.
Exceptions considered
General fair use exception now explicitly covering unpublished works, for purposes including scholarship and research, open to all users and all works.
Library and archive reproduction and distribution exception.
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 (amendments); Section 1201
Dates: Effective 1998-10-28 · Enacted 1998-10-28
Why this score
The DMCA (1998) amended Section 108 to allow libraries and archives to make up to three digital copies for preservation and to permit interlibrary loan of digital copies (with restrictions on further digital distribution). It also added Section 1201 anti-circumvention provisions, which could limit access to digitally protected works but included exceptions for certain research activities (Section 1201(d) for nonprofit libraries, archives, and educational institutions; Section 1201(g) for encryption research). Section 107 fair use was not amended and remained fully in force. The overall classification remains GREEN because Section 107's open-ended fair use for research/scholarship continues to apply to all users, all works, and all exclusive rights. The DMCA's anti-circumvention provisions are access-control measures, not modifications to the copyright exceptions themselves, and Section 107 fair use was preserved.
Exceptions considered
General fair use exception for purposes including scholarship and research, unchanged by DMCA.
Library and archive exception, amended by DMCA to permit digital preservation copies and updated interlibrary loan provisions.
Exception to anti-circumvention for nonprofit libraries, archives, and educational institutions to gain access for acquisition decisions.
Exception to anti-circumvention for encryption research.
Source links
Marrakesh Treaty Implementation Act (within Pub. L. 115-261)
Relevant update · Effective 2018-10-09
100%
Relevant section: Section 121
Dates: Effective 2018-10-09 · Enacted 2018-10-09
Why this score
The Marrakesh Treaty Implementation Act (2018) amended Section 121 to expand exceptions for accessible format copies for persons with disabilities, including permitting export/import of accessible copies. While this is relevant to research by persons with disabilities, it does not change the overall classification. Section 107 fair use remains the most permissive exception, covering all users, all works, and all exclusive rights for research/scholarship. Classification remains GREEN.
Exceptions considered
General fair use exception for purposes including scholarship and research, unchanged.
Library and archive reproduction and distribution exception.
Expanded exception for accessible format copies for persons with print disabilities, including cross-border exchange.
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
Dates: Effective 2025-01-01
Why this score
As of 2025, U.S. federal copyright law (Title 17, U.S. Code) continues to apply to American Samoa. Section 107 remains the most permissive research-relevant exception. It provides an open-ended fair use defense covering: (1) Uses — 'reproduction in copies or phonorecords or by any other means specified by that section,' which encompasses all exclusive rights under Section 106 including reproduction, distribution, public display, public performance, and preparation of derivative works; (2) Works — applies to any 'copyrighted work' without categorical exclusions; (3) Users — open to any person, not restricted to individuals, institutions, or any particular class. Research and scholarship are explicitly listed as illustrative fair use purposes. No TDM-specific exception has been enacted at the federal level, but fair use under Section 107 has been widely applied to TDM activities. The classification-neutral factors (non-commercial preference in factor 1, proportionality analysis in factors 2-4) do not change the GREEN classification. No amendments between 2018 and 2025 have altered the research-relevant exceptions in a material way.
Exceptions considered
General fair use exception covering any exclusive right for purposes including scholarship and research, open to all users and all works, subject to four-factor balancing test.
Library and archive reproduction and distribution exception permitting copies for users, preservation, replacement, and interlibrary loan under specified conditions.
Exception for reproduction and distribution of accessible format copies for persons with print disabilities, including cross-border exchange.
Anti-circumvention exception for nonprofit libraries, archives, and educational institutions.
Anti-circumvention exception for encryption research.
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. 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.