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The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable
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Copying From Unpublished Materials
When it comes to fair use, unpublished works are inherently different from published works. Publishing an author's unpublished work before he or she has authorized it infringes upon the author's right to decide when and whether the work will be made public.
Some courts in the past held that fair use never applies to unpublished material. However, in 1991 Congress amended the fair use provision in the Copyright Act to make clear that the fact that a work is unpublished weighs against fair use, but is not determinative in and of itself.
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