i. the purpose and character of the use, including whether such use is of a commercial nature or is for educational purposes; ii. the nature of the copyrighted work; iii. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and iv. the effect of the use upon the potential market for or value of the work. b) The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. § 9.9. Quotation a) The reproduction, in the form of quotation from a work that has been published shall be permitted without authorization of the owner of copyright, provided that the quotation is compatible with fair practice and does not exceed the extent justified by the purpose including quotations from newspaper articles and periodicals in the form of press summaries. b) Any quotation made in accordance with subsection (a) shall be accompanied by an indication of source and the name of the author, if the name appears in the work from which the quotation is taken. § 9.10. Private Reproduction for Personal Purposes a) Subject to the provisions of subsection (b), the private reproduction of a published work in a single copy shall be permitted without the authorization of the author or owner of copyright, where the reproduction is made by a natural person exclusively for his own personal purposes. b) The permission under subsection (a) shall not extend to reproduction: i. of a work of architecture in the form of building or other construction; ii. of the whole or of a substantial part of a database in digital form; and § 9.11. Temporary Reproduction The temporary reproduction of a work shall be permitted if all of the following conditions are met: a) the reproduction is made in the process of a transmission of the work or an act of making a stored work perceptible; b) it is caused by a person or entity that by virtue of authorization by the owner of the copyright or by operation of law, is entitled to make that transmission or make the work perceptible; and 23

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