A researcher would like to use excerpts from an unpublished work in an article.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.
Even though the work is unpublished, it is still copyrighted.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.Posted by Copyright Information and Education