Fair Use Framework Purpose and Character: strongly favors nonprofit, educational use Nature of Original: favors use of non-fiction Amount & Substantiality: favors use of 10%/one chapter Market Harm: favors user unless there is a readily available license for digital excerpts
Georgia State - Takeaway GSU wins on 94 of 99 items De Minimus Non Curat Lex Not binding: persuasive authority only Very likely to be appealed
Code - Application 1. E-Reserves 2. Exhibitions 3. Digital Preservation 4. Digital Archives 5. Accessibility 6. IRs 7. Data-Mining 8. Online Materials Principle: It is fair use to make appropriately tailored, course-related content available to enrolled students via digital networks Limitations: time-limited, eligible students, pedagogical purpose, attribution Enhancements: Written description of educational purpose, regular review and updating
Code - Takeaway Community-based, not legal assurance: where community norms track reasonably well with legal considerations, they are often considered relevant by courts Designed to help you walk through the issues
Choosing a Path Alice came to a fork in the road and saw a Cheshire cat in a tree. Which road do I take? she asked. Where do you want to go? was his response. I don't know, Alice answered. Then, said the cat, it doesn't matter.