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Are digital course packs fair use? Katie Hafner, Publishers Sue Georgia State on Digital Reading Matter, New York Times, April 16, 2008. Excerpt:
Comment. This is not about OA, so I won't be covering the case in detail. It's about TA and the fair use of TA literature. But there are several reasons why I wanted to cover the first appearance of what will clearly be an important case. (1) I want to set myself up to blog future twists and turns, or commentary, with strong OA connections. (2) The case may show how far photocopying precedents will be applied to digitization cases. (3) The case could change or clarify fair use for non-commercial educational purposes. Any such change or clarification would affect fair use for TA literature, but also fair use for free online literature that had removed price barriers but not permission barriers. (4) It may show the weight of the first fair-use factor ("the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes") relative to the fourth ("the effect of the use upon the potential market for or value of the copyrighted work"), or in short, the relative weight of university interests and publisher interests. |