I think the background material from UMN libraries can be quite helpful: http://www.lib.umn.edu/copyright/fairuse.phtml (Although it unaccountably leaves off the last sentence of section 107). I am not a very big fan of the worksheet, primarily because it leaves the misleading impression that fair use can be determined using, well, a worksheet. DLB On Jan 19 2008, greenhow@umn.edu wrote:
Hi Pam and Bill,
I've come across questions similar to the ones you are posing. Here is an online interactive tool that might be useful to guide understanding of the four Factors of Fair Use, help weigh them, and make a good faith, documented fair use decision (with printable PDF to document your process).
http://www.lib.umn.edu/copyright/checklist.phtml
Here's our recent article on Fair Use Decision-making which you may find useful: http://innovateonline.info/index.php?view=article&id=443&action=login
Cheers, Christine Greenhow Learning Technologies University of Minnesota
On Jan 19 2008, Bill Herman wrote:
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
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-- 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