The House Committee on the Judiciary reports favorably on a proposed amendment to a bill (H.R. 4412) to amend Title 17 of the U.S. Code relating to fair use of copyrighted works. The committee recommends passage of the bill to the effect that Section 107 of Title 17 be amended by adding at the end the following: "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors." The amendment was proposed to clarify the intent of Congress that there be no per se rule barring claims of fair use of published works. The courts are to determine the affirmative defense of fair use of unpublished works on a case-by-case basis. This legislation directs the courts to give proper weight to all factors. The background of this legislation is traced, and case law is summarized relating to unpublished works in dispute such as letters and diaries. The four factors the courts must consider in determining fair use listed in Section 107 of Title 17 are included. (SLD)