Public Law 102-492
2ND SESSION
An Act
To amend title 17, United States Code, relating to fair use of copyrighted works.
Public Law 102–492
102d Congress
[H.R. 4412]
AN ACT
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 107 of title 17, United States Code, is amended by adding at the end the following: “The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”.
Approved October 24, 1992.
LEGISLATIVE HISTORY—H.R. 4412:
HOUSE REPORTS: No. 102-836 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 138 (1992):
Aug. 11, considered and passed House.
Oct. 7, considered and passed Senate.
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
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