Selected year snapshot
For 2025, the active event in this file is United States Copyright Act (Title 17, United States Code).
100%
Current rationale
As of 2025, the CNMI continues to be governed by U.S. federal copyright law. Title 17 U.S.C. § 107 remains in force with the same text as amended in 1992. It provides a general fair use exception that explicitly covers 'scholarship, or research' as illustrative purposes. Uses: covers reproduction AND any other exclusive right ('by any other means specified by that section'). Works: applies to all types of copyrighted works without exclusion. Users: open to any user — no restriction to individuals, institutions, or non-commercial actors (commercial nature is merely one factor in the balancing test, not a disqualifying restriction). This is GREEN. No TDM-specific statutory exception has been enacted at the federal level as of 2025, but TDM activities are covered by the general fair use provision. Section 108 (library/archive exception, PURPLE individually) and §110 (educational exceptions) also remain in force but are less permissive than §107. Classification-neutral factors (non-commercial purpose as one factor, lawful access, etc.) were not used to determine the color. No CNMI-specific copyright legislation exists; the territory relies entirely on federal law. The CNMI Law Revision Commission website ([cnmilaw.gov](https://www.cnmilaw.gov/?c=263515716)) and Library of Congress guide ([guides.loc.gov](https://guides.loc.gov/law-us-northern-mariana-islands/judicial)) confirm the CNMI's legal framework operates under U.S. federal law.
Exceptions considered
General fair use exception covering reproduction and any other use of any copyrighted work by any user for purposes including scholarship and research, subject to four-factor balancing test.
Library and archive reproduction exception: permits qualifying libraries/archives to make copies for preservation, replacement, and for users engaging in private study, scholarship, or research.
Performance and display exceptions for face-to-face teaching and distance education at nonprofit educational institutions.
Reproduction for blind or other people with disabilities — not directly research-relevant but noted for completeness.
Law changes
United States Copyright Act (Title 17, United States Code)
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
The Northern Mariana Islands (CNMI) is an unincorporated territory of the United States. Federal law, including Title 17 of the United States Code (the Copyright Act), applies in the CNMI. Section 107 provides a general fair use exception that explicitly lists 'scholarship, or research' as illustrative purposes. The term 'fair use … including such use by reproduction in copies or phonorecords or by any other means specified by that section' covers reproduction AND any other exclusive right under §106 (including distribution, public performance, display, and preparation of derivative works). It applies to all types of works and to any user — there is no restriction to individuals, institutions, or specific work categories. This is a classic open-ended fair use clause: GREEN. Additionally, §108 provides library/archive reproduction rights (PURPLE individually), and §107's unpublished-works clarification was added by Pub. L. 102-492 (effective 1992-10-24), but the core fair use provision including research was already in force on 1990-01-01. Classification-neutral factors (non-commercial purpose is only one factor in the four-factor test, not a restriction) were not used to change the color.
Exceptions considered
General fair use exception covering reproduction and any other use for purposes including scholarship and research, open to all users and all works, subject to four-factor balancing test.
Reproduction by libraries and archives: permits libraries/archives to make copies under specified conditions, including for users' private study, scholarship, or research, and for preservation/replacement purposes.
Performance and display of works in face-to-face teaching activities at nonprofit educational institutions.
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
Act to amend title 17, United States Code, to clarify fair use (Pub. L. 102-492)
Relevant update · Effective 1992-10-24
100%
Relevant section: 17 U.S.C. § 107 (final sentence)
Dates: Effective 1992-10-24 · Enacted 1992-10-24
Why this score
Pub. L. 102-492 added the final sentence to §107 clarifying that unpublished status does not bar fair use. This broadened the fair use exception by making clear that research use of unpublished works (e.g., archival materials, manuscripts, unpublished datasets) can qualify as fair use. The overall classification remains GREEN: §107 still covers any use (reproduction and other exclusive rights), any work (now explicitly including unpublished works), and any user, for purposes including research and scholarship. All other exceptions (§108, §110) remain in force unchanged. Classification-neutral factors were not used.
Exceptions considered
General fair use exception, now clarified to cover unpublished works as well, for purposes including scholarship and research.
Library and archive reproduction exception for preservation, replacement, and user research copies.
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 1998-10-28
100%
Relevant section: 17 U.S.C. § 108 (amendments); 17 U.S.C. § 1201
Dates: Effective 1998-10-28 · Enacted 1998-10-28
Why this score
The DMCA (1998) amended §108 to expand library/archive reproduction rights (e.g., permitting up to three digital copies for preservation under §108(b)-(c), and adding §108(f)(3) permitting libraries to reproduce works during the last 20 years of copyright for preservation, scholarship, or research). It also introduced §1201 anti-circumvention provisions with limited exceptions. However, §107 fair use was not amended and remains fully in force. The overall classification remains GREEN because §107 continues to provide an open-ended fair use exception covering any use, any work, and any user for research and scholarship purposes. The §108 amendments broadened institutional copying but do not change the overall color since §107 is already the most permissive. Classification-neutral factors were not used.
Exceptions considered
General fair use exception for purposes including research and scholarship — unchanged by DMCA.
Library/archive exception, expanded by DMCA to allow digital preservation copies and last-20-years reproduction for scholarship/research.
Limited exception to anti-circumvention for nonprofit libraries, archives, and educational institutions to access a work solely to make a good faith determination of whether to acquire it.
Source links
United States Copyright Act (Title 17, United States Code)
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, the CNMI continues to be governed by U.S. federal copyright law. Title 17 U.S.C. § 107 remains in force with the same text as amended in 1992. It provides a general fair use exception that explicitly covers 'scholarship, or research' as illustrative purposes. Uses: covers reproduction AND any other exclusive right ('by any other means specified by that section'). Works: applies to all types of copyrighted works without exclusion. Users: open to any user — no restriction to individuals, institutions, or non-commercial actors (commercial nature is merely one factor in the balancing test, not a disqualifying restriction). This is GREEN. No TDM-specific statutory exception has been enacted at the federal level as of 2025, but TDM activities are covered by the general fair use provision. Section 108 (library/archive exception, PURPLE individually) and §110 (educational exceptions) also remain in force but are less permissive than §107. Classification-neutral factors (non-commercial purpose as one factor, lawful access, etc.) were not used to determine the color. No CNMI-specific copyright legislation exists; the territory relies entirely on federal law. The CNMI Law Revision Commission website ([cnmilaw.gov](https://www.cnmilaw.gov/?c=263515716)) and Library of Congress guide ([guides.loc.gov](https://guides.loc.gov/law-us-northern-mariana-islands/judicial)) confirm the CNMI's legal framework operates under U.S. federal law.
Exceptions considered
General fair use exception covering reproduction and any other use of any copyrighted work by any user for purposes including scholarship and research, subject to four-factor balancing test.
Library and archive reproduction exception: permits qualifying libraries/archives to make copies for preservation, replacement, and for users engaging in private study, scholarship, or research.
Performance and display exceptions for face-to-face teaching and distance education at nonprofit educational institutions.
Reproduction for blind or other people with disabilities — not directly research-relevant but noted for completeness.
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.