In all due respect, Prof. Burk, please explain. I'm asking publicly because, if I've given an incorrect analysis, I'd like to be corrected on the record. Cheers, Bill
Each of these factors favors a finding of fair use here. The intended use is for nonprofit scholarship and education. The copyrighted work being quoted is something (a post to a free listserv) with absolutely no commercial value. (Posts have intellectual value, but we've already given them away.) The proposed project would reproduce mere fractions of each post. Finally, there is no concern about the effect on the marketability of something with no commercial value.
Bill's fair use analysis is pretty much wrong, but no worries, the use is probably fair anyway. DLB
-- Dan L. Burk Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 ********************************** voice: 612-626-8726 fax: 612-625-2011 bits: burkx006@umn.edu