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Fair Use in Academic Publishing
The U.S. Copyright Office have made abundantly clear that courts should apply the fair use defense flexibly and on a case-by-case basis. Keep this in mind as you read the material in this section.
Throughout this playlist, question whether fair use is actually being applied in a case-by-case basis, or if faculty members are being discourage from considering their classroom uses of copyrighted material fair.
Original Creator: evanm
Pay close attention to the dissent's discussion regarding the legislative history of the fair use defense.
Original Creator: evanm
Pay close attention to how that court applies the four factor fair use analysis. Specifically, compare the court's analysis under “Character of Use” to the court's analysis in Princeton University Press.
This is a “Fair Use Checklist” employed by the University System of Georgia. After reading the U.S. Copyright Office's explanation of fair use, do you think a “Fair Use” checklist is practical? Are you confident in the ability of the checklist to accurately advise university faculty. Can you think of a situation in which the check list may be applied too conservatively? Too liberally?
The original authors of the Fair Use Checklist suggest that faculty members use it as a tool to determine whether they are permitted to copy material without first gaining permission. Do you think the authors of the checklist are expecting too much from faculty?
This is a video produced by the Copyright Clearance Center (CCC). The video is intended to educate faculty members on the intricacies surrounding using copyrighted materials in the classroom.
The <span class="caps">CCC</span> is a major player in the three cases above. In fact, in Cambridge Press v. Becker, the <span class="caps">CCC</span> financed half of the plaintiff's litigation costs. The <span class="caps">CCC</span> is an organization that markets itself to universities as a one-stop-shop for licensing academic material. Naturally, the <span class="caps">CCC</span> wishes to constrain the doctrine of fair use. Do you think this video is faithful to the congressional intent behind the fair use defense? When you are considering this, think back to the dissent in Princeton University Press.
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