Selected year snapshot
For 1999, the active event in this file is Pub. L. 102-492 (Amendment to Section 107 regarding unpublished works).
100%
Current rationale
This amendment added a final sentence to Section 107 clarifying that the unpublished nature of a work does not itself bar a finding of fair use. This broadened the scope of fair use by ensuring that unpublished works (such as unpublished manuscripts, letters, and archival materials commonly used in research) are not categorically excluded from fair use. The overall classification remains GREEN: Section 107 still covers any exclusive right, all works (now explicitly including unpublished works), and any user for research/scholarship purposes. Section 108 library exceptions remain in force but are less permissive.
Exceptions considered
Fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Now explicitly includes that unpublished status does not bar fair use. Covers any exclusive right, any work, any user.
Reproduction by libraries and archives for users requesting copies for private study, scholarship, or research. Limited to qualifying institutions.
Law changes
Copyright Act of 1976 (Title 17, United States Code), as applied to Guam via 48 U.S.C. § 1421n
Baseline · Effective 1990-01-01
100%
Relevant section: 17 U.S.C. § 107
Dates: Effective 1990-01-01 · Enacted 1976-10-19
Why this score
U.S. federal copyright law applies to Guam under 48 U.S.C. § 1421n (Organic Act of Guam). Section 107 of Title 17 U.S.C. provides a general fair use exception that explicitly lists 'scholarship, or research' among its illustrative purposes. The term 'fair use' covers any exclusive right ('reproduction in copies or phonorecords or by any other means specified by that section'), meaning it covers reproduction, distribution, public performance, display, and derivative works — not only reproduction. It applies to all types of works (no category exclusions). It is open to any user — individuals, institutions, commercial or non-commercial entities. This satisfies all three dimensions: Uses (any exclusive right), Works (all types), Users (any user). The four-factor balancing test is a proportionality mechanism that does not restrict the color classification. Section 108 also provides library/archive exceptions but is less permissive (restricted to institutions). Section 107 is the most permissive and determines the classification as GREEN. The non-commercial factor in 107(1) is a consideration in the balancing test, not a restriction, and per the classification-neutral factors rule does not affect the color.
Exceptions considered
Fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Covers any exclusive right. Open to any user and any work. Four-factor balancing test applies.
Reproduction by libraries and archives: permits libraries and archives to make copies under specified conditions, including for users requesting copies for private study, scholarship, or research. Limited to qualifying libraries/archives.
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
Pub. L. 102-492 (Amendment to Section 107 regarding unpublished works)
Relevant update · Effective 1992-10-24
100%
Relevant section: 17 U.S.C. § 107
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 itself bar a finding of fair use. This broadened the scope of fair use by ensuring that unpublished works (such as unpublished manuscripts, letters, and archival materials commonly used in research) are not categorically excluded from fair use. The overall classification remains GREEN: Section 107 still covers any exclusive right, all works (now explicitly including unpublished works), and any user for research/scholarship purposes. Section 108 library exceptions remain in force but are less permissive.
Exceptions considered
Fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Now explicitly includes that unpublished status does not bar fair use. Covers any exclusive right, any work, any user.
Reproduction by libraries and archives for users requesting copies for private study, scholarship, or research. Limited to qualifying institutions.
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 2000-10-28
100%
Relevant section: 17 U.S.C. § 1201(d)
Dates: Effective 2000-10-28 · Enacted 1998-10-28
Why this score
The DMCA added Chapter 12 to Title 17, including anti-circumvention provisions (§ 1201) that could affect research access to digital works. However, § 1201(c)(1) preserved existing fair use rights by stating that nothing in § 1201 affects rights, remedies, limitations, or defenses to copyright infringement, including fair use. Section 1201(d) added a specific exemption for nonprofit libraries, archives, and educational institutions to circumvent access controls for acquisition decisions. Section 1201(g) provided a limited encryption research exception. The core fair use provision in § 107 remained unchanged and continues to cover any exclusive right, all works, and any user for research/scholarship. The overall classification remains GREEN because § 107 is still the most permissive research-relevant exception. The DMCA's anti-circumvention provisions created a new layer of regulation but did not amend § 107 itself.
Exceptions considered
Fair use for purposes such as scholarship or research. Unchanged. Covers any exclusive right, any work, any user.
Reproduction by libraries and archives. Unchanged. Limited to qualifying institutions.
Exemption for nonprofit libraries, archives, and educational institutions to circumvent access controls for acquisition decisions.
Encryption research exception permitting circumvention for good faith encryption research. Limited to encryption research specifically.
Original text
§ 1201(d) Exemption for Nonprofit Libraries, Archives, and Educational Institutions.— (1) A nonprofit library, archives, or educational institution which gains access to a commercially exploited copyrighted work solely in order to make a good faith determination of whether to acquire a copy of that work for the sole purpose of engaging in conduct permitted under this title shall not be in violation of subsection (a)(1)(A).
Source links
Copyright Act of 1976 (Title 17, United States Code), as applied to Guam via 48 U.S.C. § 1421n
Current law confirmation · Effective 2025-01-01
100%
Relevant section: 17 U.S.C. § 107
Dates: Effective 2025-01-01
Why this score
As of 2025, Section 107 of Title 17 U.S.C. remains in force and unchanged since the 1992 amendment. It continues to provide a general fair use exception that explicitly covers 'scholarship, or research' among its illustrative purposes. It covers any exclusive right (reproduction, distribution, public performance, display, derivative works — 'by any other means specified by that section'), applies to all types of works without category exclusions, and is open to any user without restriction to individuals or institutions. This satisfies all three dimensions for GREEN: Uses (any exclusive right including sharing/communication), Works (all types), Users (any user). Section 108 (library/archive exceptions) remains in force but is less permissive. The DMCA anti-circumvention provisions (§ 1201) remain in force with their research-related exemptions. No TDM-specific statutory exception has been enacted in U.S. federal law; however, TDM activities are analyzed under the general § 107 fair use framework. The Guam Code Annotated (available at guamcourts.gov) does not contain a separate territorial copyright statute; Guam relies entirely on federal copyright law under 48 U.S.C. § 1421n. Classification-neutral factors (non-commercial consideration in factor 1, proportionality in the four-factor test) were not used to alter the color classification.
Exceptions considered
Fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Covers any exclusive right, any work, any user. Four-factor balancing test. Unpublished works not categorically excluded.
Reproduction by libraries and archives: permits qualifying libraries/archives to make copies for preservation, replacement, and for users requesting copies for private study, scholarship, or research. Limited to nonprofit institutions open to the public or to specialized researchers.
Exemption for nonprofit libraries, archives, and educational institutions to circumvent technological access controls for acquisition decisions.
Encryption research exception permitting circumvention for good faith encryption research under specified conditions.
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.