The best way to understand the flexible principle of fair use is to review actual cases decided by the courts. Below are summaries of a variety of fair use cases. Ignore Heading – Content Cases Involving Text Fair use. Publisher Larry Flynt made disparaging statements about the Reverend Jerry Falwell on one page of Hustler […]
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Proposed Educational Guidelines on Fair Use
The guidelines discussed in the previous section were approved by a consensus of educators, scholars, and publishers (copyright owners). Since these educators and copyright owners have come to an agreement, it is unlikely that a publisher will sue an educator who uses material in a manner that is permitted by the guidelines. Note, however that […]
Attack on Open Access
Even very popular government mandates have opponents, and the National Institutes of Health’s (NIH) Public Access Policy certainly has its critics. According to the agency, “The NIH Public Access Policy implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states:” The Director of the National Institutes of Health […]
Open Access Scholarship, Part II: An Interview with Richard A. Danner
Part I of Open Access Scholarship was an interview of Michelle Pearse, conducted by Executive Editor Mary Minow. As promised, here is part II, which will specifically address law reviews and legal scholarship. Eli Edwards: Nearly two years ago, a group of academic law library directors promulgated the Durham Statement on Open Access to Legal […]
Open Access to Scholarship, Part I: A Conversation with Michelle Pearse
Mary Minow had a chance to talk with a colleague at Harvard Law School about Open Access. Nearly two years ago, the Harvard University Faculty of Arts and Sciences unanimously voted to grant the university a non-exclusive, irrevocable, worldwide license to distribute faculty’s scholarly articles, with an opt-out mechanism for instance in the case of […]
SSRN: Should Copyright of Academic Works Be Abolished? Working Paper by Steven Shavell
SSRN Abstract: The conventional rationale for copyright of written works, that copyright is needed to foster their creation, is seemingly of limited applicability to the academic domain. For in a world without copyright of academic writing, academics would still benefit from publishing in the major way that they do now, namely, from gaining scholarly esteem. […]
Google Book Search Settlement A Publisher's Viewpoint with Tim Barton and Barbara Cohen
Minow: In that Oxford University Press is a publisher with a mission to expand access to academic knowledge, it has taken a particularly nuanced approach to the Google Books settlement proposal. Could you describe the issues that tipped you to supporting the settlement? Barton: I would break this into two parts–substantively what inclined us to […]
Using Magazine Cover Images in Book about Monster Art An Important Fair Use Ruling - An Interview with M. Kelly Tillery
Minow: We’re often asked when folks can reproduce book jackets or other cover art on their websites. On August 4, a federal district court ruled in your client’s favor when he published 10 reproductions of the covers of issues of Famous Monsters of Filmland magazine, and 14 other images in his book, Famous Monster Movie […]
Point/Counterpoint on the DMCA and CTEA A session hosted by the Public Policy Committee during the Art Libraries Society of North America's annual conference
Several years into the DMCA and CTEA, differences of opinion as to their effectiveness and impact are still sharply drawn. The implications for research and dissemination of information are particularly acute in the visual arts as the use of images in printed and electronic media is a major consideration. Two D.C. area lawyers, representatives from […]
Petition for Writ of Certiorari to the Supreme Court of the United States
No. _______________________ In The Supreme Court of the United States October Term, 1996 __________________ Michigan Document Services, Inc., and James M. Smith, Petitioners, vs. Princeton University Press, MacMillan, Inc., and St. Martin’s Press, Inc., Respondents. __________________ On Petition For Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit […]