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
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
_______________________________________________ The Air-L@listserv.aoir.org mailing list is provided by the Association of Internet Researchers http://aoir.org Subscribe, change options or unsubscribe at: http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org
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-- Dr. Christine Greenhow Learning Technologies Dept. of Curriculum and Instruction College of Education and Human Development University of Minnesota 125 Peik Hall 159 Pillsbury Drive SE Minneapolis, MN 55455 Phone: 651-226-4015 Email: greenhow@umn.edu Program Affiliations: www.admissionpossible.org
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
_______________________________________________ The Air-L@listserv.aoir.org mailing list is provided by the Association of Internet Researchers http://aoir.org Subscribe, change options or unsubscribe at: http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org
Join the Association of Internet Researchers: http://www.aoir.org/
-- 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
Well, I dont want to bore the list, but briefly: the question of commericality which you raise in two of the factors is pretty much either irrelevant or tautological. The notion has been that if someone is taking parts of a work, it must have value, and so the question then is whether a functioning market exists for it. And courts tend to define the relevant market as the market for licenses of the excerpt taken. So the relevant questions on the fourth factor are first, whether there is a ready mechanism to pay for the excerpts, to which I think the answer is probably not; and then whether the taking was transformative, that is, whether it provides something to the public different than the original work(s). I'd say the answer here to the latter question is yes, which is very nearly dispositive of the analysis as fair. The broader message is that its virtually impossible for the average person to have any sense of whether a given use is fair or not. Obscurity is the real lynch pin in the system. If you get to make use of a work without permission, its probably not because your guess about whether it was fair or not was correct, its probably just because the copyright owner didn't notice (or didnt care) what you were doing. DLB 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
_______________________________________________ The Air-L@listserv.aoir.org mailing list is provided by the Association of Internet Researchers http://aoir.org Subscribe, change options or unsubscribe at: http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org
Join the Association of Internet Researchers: http://www.aoir.org/
-- 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
participants (3)
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Bill Herman -
burkx006＠umn.edu -
greenhow＠umn.edu