Selected year snapshot
For 1999, the active event in this file is Copyright Amendments Act of 1992 (Pub. L. 102-492).
100%
Current rationale
This amendment added a clarifying sentence to Section 107 stating that the unpublished nature of a work does not itself bar a finding of fair use. This broadened the scope of fair use by ensuring that unpublished works are not categorically excluded from fair use analysis. The overall classification remains GREEN because Section 107 continues to cover any user, any work, any exclusive right, for purposes including research and scholarship. The amendment slightly broadened the exception by removing a potential barrier to fair use for unpublished works used in research.
Exceptions considered
Fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Now explicitly includes unpublished works as eligible for fair use. Open to any user, any work, any exclusive right.
Reproduction by libraries and archives for users for private study, scholarship, or research.
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 U.S. Virgin Islands is an unincorporated territory of the United States. Under 48 U.S.C. § 1405q, 'The laws of the United States relating to patents, trade marks, and copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in the Virgin Islands as in the continental United States.' Therefore, Title 17 of the United States Code (the Copyright Act) applies directly to the U.S. Virgin Islands. Section 107 provides a general fair use exception that covers 'scholarship, or research' as illustrative purposes. It applies to any user (not restricted to individuals or institutions), any type of work, and covers '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. Because it is open to all uses, all works, and all users for research purposes, and covers both reproduction and sharing/communication, this is GREEN. Additionally, Section 108 provides library/archive copying privileges, and Section 107's fair use is the most permissive. Non-commercial purpose is only a factor in the analysis, not a restriction, so it does not affect the color classification.
Exceptions considered
Fair use 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.
Reproduction by libraries and archives, including copies for users for private study, scholarship, or research. Limited to libraries/archives meeting certain 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.
Source links
Copyright Amendments Act of 1992 (Pub. L. 102-492)
Relevant update · Effective 1992-10-24
100%
Relevant section: Section 107
Dates: Effective 1992-10-24 · Enacted 1992-10-24
Why this score
This amendment added a clarifying sentence to Section 107 stating 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 are not categorically excluded from fair use analysis. The overall classification remains GREEN because Section 107 continues to cover any user, any work, any exclusive right, for purposes including research and scholarship. The amendment slightly broadened the exception by removing a potential barrier to fair use for unpublished works used in research.
Exceptions considered
Fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Now explicitly includes unpublished works as eligible for fair use. Open to any user, any work, any exclusive right.
Reproduction by libraries and archives for users for 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.
Source links
Copyright Act of 1976 (Title 17, United States Code), as amended
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.C.) continues to apply to the U.S. Virgin Islands under 48 U.S.C. § 1405q. Section 107 remains the most permissive research-relevant exception. It covers: (1) Uses — any exclusive right ('reproduction in copies or phonorecords or by any other means specified by that section'), which includes reproduction, distribution, public performance, display, and preparation of derivative works; (2) Works — any copyrighted work, with no categorical exclusions; (3) Users — any user, with no restriction to individuals or institutions. The illustrative purposes explicitly include 'scholarship, or research.' There is no separate TDM-specific exception in U.S. law, but fair use under Section 107 has been widely understood to encompass TDM activities. Section 108 (library/archive reproduction) remains in force but is less permissive (PURPLE). No amendments to Section 107 between 1992 and 2025 have altered the research-relevant text. The non-commercial factor in 107(1) is a consideration in the balancing test, not a restriction, and does not affect the color classification. Classification: GREEN.
Exceptions considered
Fair use 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. Unpublished works not categorically excluded.
Reproduction by libraries and archives, including copies for users for private study, scholarship, or research. Restricted to qualifying libraries and archives.
Reproduction and distribution for blind or other people with disabilities. Not primarily a research exception.
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.