Selected year snapshot
For 2025, the active event in this file is U.S. Copyright Act of 1976 (Title 17, United States Code), as amended.
100%
Current rationale
As of 2025, the U.S. Copyright Act (Title 17 U.S.C.) continues to apply directly to Puerto Rico. Section 107 remains the primary research-relevant exception. It is a general fair use clause open to any user, any type of work, and covering any exclusive right (reproduction, distribution, public performance, display, and derivative works — 'by reproduction in copies or phonorecords or by any other means specified by that section'). Research and scholarship are explicitly listed as illustrative fair use purposes. No statutory TDM-specific exception has been enacted at the federal level, but § 107 is broad enough to encompass TDM activities under its general framework. Section 108 (library/archive exceptions) also remains in force. Puerto Rico's local Ley Núm. 55 de 2012 (Ley de Derechos Morales de Autor de Puerto Rico) addresses only moral rights and does not create or limit copyright exceptions for research. No relevant changes to § 107 have occurred between 1992 and 2025. The classification is GREEN. Classification-neutral factors (non-commercial purpose as one balancing factor, proportionality inherent in the four-factor test) were not used to change the color.
Exceptions considered
General fair use: permits use of copyrighted works by any means for purposes including scholarship and research, subject to four-factor balancing test. Open to any user, any work, any exclusive right.
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.
Law changes
U.S. Copyright Act of 1976 (Title 17, United States Code)
Baseline · Effective 1978-01-01
100%
Relevant section: 17 U.S.C. § 107
Dates: Effective 1978-01-01 · Enacted 1976-10-19
Why this score
Puerto Rico is an unincorporated territory of the United States. Federal copyright law (Title 17, U.S. Code) applies directly to Puerto Rico. The U.S. Copyright Act preempts state and territorial copyright law on matters within its scope (17 U.S.C. § 301). Puerto Rico's own Ley de Derechos Morales de Autor (originally Ley Núm. 96 of 1988, later replaced by Ley Núm. 55 of 2012) addresses only moral rights, which are not preempted by federal law. The substantive copyright exceptions and limitations applicable in Puerto Rico are those of federal law, principally 17 U.S.C. § 107 (fair use). Section 107 is a general fair use clause open to any user, any work, and any exclusive right ('reproduction in copies or phonorecords or by any other means specified by that section'), explicitly listing 'scholarship, or research' as illustrative purposes. This covers reproduction AND communication/sharing/distribution for research. It applies to all types of works and all users. This is GREEN. Additionally, 17 U.S.C. § 108 provides library/archive exceptions, and § 107's four-factor test includes non-commercial purpose as a factor but does not restrict fair use to non-commercial use. Classification-neutral factors (non-commercial consideration, proportionality qualifiers) were not used to change the color.
Exceptions considered
General fair use: permits use of copyrighted works by reproduction or any other means for purposes including scholarship and research, subject to four-factor balancing test. Open to any user, any work, any exclusive right.
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
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 17 U.S.C. § 107 (Pub. L. 102-492)
Relevant update · Effective 1992-10-24
100%
Relevant section: 17 U.S.C. § 107
Dates: Effective 1992-10-24 · Enacted 1992-10-24
Why this score
This amendment added a clarifying sentence to § 107 confirming that fair use can apply to unpublished works. This broadened the scope of fair use slightly by legislatively overriding case law that had treated unpublished status as nearly dispositive against fair use. The core fair use provision remains open to any user, any work, any exclusive right, for purposes including research and scholarship. Classification remains GREEN. All pre-existing exceptions (§ 107, § 108) remain in force.
Exceptions considered
General fair use, now explicitly covering unpublished works as well. 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.
Source links
U.S. Copyright Act of 1976 (Title 17, United States Code), as amended
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 U.S. Copyright Act (Title 17 U.S.C.) continues to apply directly to Puerto Rico. Section 107 remains the primary research-relevant exception. It is a general fair use clause open to any user, any type of work, and covering any exclusive right (reproduction, distribution, public performance, display, and derivative works — 'by reproduction in copies or phonorecords or by any other means specified by that section'). Research and scholarship are explicitly listed as illustrative fair use purposes. No statutory TDM-specific exception has been enacted at the federal level, but § 107 is broad enough to encompass TDM activities under its general framework. Section 108 (library/archive exceptions) also remains in force. Puerto Rico's local Ley Núm. 55 de 2012 (Ley de Derechos Morales de Autor de Puerto Rico) addresses only moral rights and does not create or limit copyright exceptions for research. No relevant changes to § 107 have occurred between 1992 and 2025. The classification is GREEN. Classification-neutral factors (non-commercial purpose as one balancing factor, proportionality inherent in the four-factor test) were not used to change the color.
Exceptions considered
General fair use: permits use of copyrighted works by any means for purposes including scholarship and research, subject to four-factor balancing test. Open to any user, any work, any exclusive right.
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
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.