Selected year snapshot
For 1999, the active event in this file is Digital Millennium Copyright Act (Pub. L. 105-304).
100%
Current rationale
The DMCA (Pub. L. 105-304) added Chapter 12 to Title 17, including anti-circumvention provisions in §1201. Section 1201(d) provides a limited exception for nonprofit libraries, archives, and educational institutions to circumvent access controls solely to make a good-faith determination of whether to acquire a work. Section 1201(c)(1) preserves existing fair use rights by stating that nothing in §1201 affects rights, remedies, limitations, or defenses to copyright infringement, including fair use, under Title 17. Section 107 (fair use) and Section 108 (library reproduction) were not amended and remain fully in force. The DMCA is relevant because the new anti-circumvention rules could constrain research uses of technologically protected works, but the preservation of fair use in §1201(c)(1) and the specific exemptions in §1201(d) mitigate this. The most permissive research exception remains §107 fair use, which is open to all users, all works, and all exclusive rights. Classification remains GREEN.
Exceptions considered
General fair use for purposes including research and scholarship, open to any user, any work, any exclusive right.
Library and archive reproduction and distribution for users' private study, scholarship, or research.
Exemption 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
Dates: Effective 1990-01-01 · Enacted 1976-10-19
Why this score
The United States Minor Outlying Islands are unincorporated territories of the United States, and U.S. federal copyright law (Title 17, United States Code) applies directly. Section 107 is a general fair use clause that covers 'any' use of a copyrighted work — including reproduction 'by any other means specified by that section' — for purposes including 'scholarship, or research.' It is open to all users (not restricted to individuals or institutions), all works (no category exclusions), and all exclusive rights (reproduction, distribution, communication, etc., as the phrase 'by any other means specified by that section' and the open-ended 'fair use' language encompass all rights under §106). Section 108 additionally provides library/archive reproduction rights. Section 107 is the most permissive exception and determines the GREEN classification. Non-commercial purpose is a factor but not a requirement, so it is classification-neutral.
Exceptions considered
General fair use: permits use of copyrighted works by any means for purposes including scholarship and research, open to any user, any work, any exclusive right, subject to four-factor balancing test.
Library and archive reproduction and distribution: permits libraries and archives to reproduce and distribute copies under specified conditions, including for users' private study, scholarship, or research.
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.
Source links
Pub. L. 102-492 (Amendment to Section 107)
Relevant update · Effective 1992-10-24
100%
Relevant section: Section 107
Dates: Effective 1992-10-24 · Enacted 1992-10-24
Why this score
Pub. L. 102-492 added a final sentence to Section 107 clarifying that unpublished status does not bar fair use. This broadened the fair use defense for research by ensuring that unpublished works (e.g., archival manuscripts, unpublished research materials) are not categorically excluded from fair use analysis. All pre-existing exceptions (§107 fair use, §108 library reproduction) remain in force. Section 107 remains the most permissive exception: open to all users, all works, all exclusive rights, for research purposes. Classification remains GREEN.
Exceptions considered
General fair use, now explicitly including unpublished works within fair use analysis. Open to any user, any work, any exclusive right, for purposes including research and scholarship.
Library and archive reproduction and distribution for users' private study, scholarship, or research.
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.
Digital Millennium Copyright Act (Pub. L. 105-304)
Relevant update · Effective 1998-10-28
100%
Relevant section: Section 1201(d), Section 1201(a)-(b)
Dates: Effective 1998-10-28 · Enacted 1998-10-28
Why this score
The DMCA (Pub. L. 105-304) added Chapter 12 to Title 17, including anti-circumvention provisions in §1201. Section 1201(d) provides a limited exception for nonprofit libraries, archives, and educational institutions to circumvent access controls solely to make a good-faith determination of whether to acquire a work. Section 1201(c)(1) preserves existing fair use rights by stating that nothing in §1201 affects rights, remedies, limitations, or defenses to copyright infringement, including fair use, under Title 17. Section 107 (fair use) and Section 108 (library reproduction) were not amended and remain fully in force. The DMCA is relevant because the new anti-circumvention rules could constrain research uses of technologically protected works, but the preservation of fair use in §1201(c)(1) and the specific exemptions in §1201(d) mitigate this. The most permissive research exception remains §107 fair use, which is open to all users, all works, and all exclusive rights. Classification remains GREEN.
Exceptions considered
General fair use for purposes including research and scholarship, open to any user, any work, any exclusive right.
Library and archive reproduction and distribution for users' private study, scholarship, or research.
Exemption 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, §13301)
Relevant update · Effective 2002-11-02
100%
Relevant section: Section 110(2)
Dates: Effective 2002-11-02 · Enacted 2002-11-02
Why this score
The TEACH Act (enacted as part of Pub. L. 107-273, November 2, 2002) amended §110(2) to expand the performance and display exception for distance education by accredited nonprofit educational institutions. While primarily an educational exception, it is relevant to research because it broadened the scope of permissible digital transmission of copyrighted works in educational settings, which can include research-related teaching. However, §107 fair use remains the most permissive research exception — open to all users, all works, all exclusive rights. Classification remains GREEN.
Exceptions considered
General fair use for purposes including research and scholarship, open to any user, any work, any exclusive right.
Library and archive reproduction and distribution for users' private study, scholarship, or research.
Performance and display exception for distance education by accredited nonprofit educational institutions, as amended by TEACH Act.
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
Dates: Effective 2025-01-01
Why this score
As of 2025, U.S. federal copyright law (Title 17 U.S.C.) continues to apply to the United States Minor Outlying Islands. Section 107 has not been amended since 1992 and remains the primary and most permissive research-relevant exception. It is a general fair use clause covering: (1) Uses — all exclusive rights ('reproduction in copies or phonorecords or by any other means specified by that section'), including distribution and communication; (2) Works — all types of copyrighted works, with no category exclusions; (3) Users — any user, with no restriction to individuals or institutions. Research and scholarship are explicitly listed as illustrative fair use purposes. Section 108 provides additional library/archive-specific reproduction and distribution rights. No TDM-specific statutory exception has been enacted in U.S. copyright law as of 2025, but TDM activities are analyzed under the general §107 fair use framework. The non-commercial factor in §107(1) is a consideration, not a requirement, and is classification-neutral. Classification: GREEN.
Exceptions considered
General fair use: permits use of copyrighted works by any means for purposes including scholarship and research, open to any user, any work, any exclusive right, subject to four-factor balancing test.
Library and archive reproduction and distribution: permits libraries and archives to reproduce and distribute copies under specified conditions, including for users' private study, scholarship, or research. Includes provisions for preservation, replacement, and interlibrary loan copies.
Performance and display exception for distance education by accredited nonprofit educational institutions (as amended by TEACH Act).
Exemption for nonprofit libraries, archives, and educational institutions to circumvent access controls to determine whether to acquire a work.
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.