Scenario:

A researcher would like to use excerpts from an unpublished work in an article. He intends to publish the article in an edited collection of critical essays.

Response:

Even though the work is unpublished, it is still copyrighted. Copyright is assigned to all original works of authorship, including letters, as soon as they are "fixed in a tangible medium of expression." Therefore, the researcher should consider whether or not his use falls within fair use. A four-factor fair use analysis will need to be conducted for each work, considering how much of the work will be used and what the potential market effects may be.