eprintid: 2734
rev_number: 14
userid: 15
dir: disk0/00/00/27/34
datestamp: 2009-07-17 14:31:19
lastmod: 2018-12-20 00:55:22
status_changed: 2009-07-17 14:31:18
type: article
metadata_visibility: show
contact_email: gpike@pitt.edu
item_issues_count: 0
eprint_status: archive
creators_name: Pike, George H.
title: Putting Academic Fair Use to the Test
ispublished: pub
divisions: sch_law_law
divisions: sch_law_law_facultypub
full_text_status: public
keywords: Fair, Use, Doctrine, fair, use, copyright, law, copyright, infringement, four, factors, test, lawsuits, academic, fair, use, coursepacks, course, reserves, electronic, distribution, Oxford, University, Press, Cambridge, University, Press, &, Sage, Publications, v., Georgia, State, University
abstract: The Fair Use Doctrine is one of the most important, complex and misunderstood elements of copyright law. It was born out of the principle that copyright law needs to balance the rights of authors and creators to reap a benefit from their creations with the public’s right to continue to develop new knowledge on the foundation of these creations. It is intended to function by allowing the use of existing creative works without the need to obtain permission or pay royalties, but only for certain purposes that have been identified as serving the public good. The complexity of the Fair Use Doctrine is that it is both very broad and quite narrow. The doctrine itself can be found at Title 17, Section 107 of the United States Code. The parties involved in a fair use case will measure and weigh many elements. However, if these parties can’t agree as to whether a use is fair, lawsuits may be filed and it becomes up to the court to decide. While no one wants to be sued, there is some benefit in that the court decisions which the four factors help to further narrow the scope of the fair use test and help subsequent users determine if fair use may apply to their proposed use.
date: 2008-06
date_type: published
publication: Information Today
volume: 25
number: 6
publisher: Learned Information, Inc., Medford, NJ
pagerange: 1 - ?
institution: University of Pittsburgh
refereed: FALSE
issn: 8755-6286
official_url: http://www.infotoday.com/
elements_deleted: 2018-12-19T19:55:22EST
citation:   Pike, George H.  (2008) Putting Academic Fair Use to the Test.  Information Today, 25 (6).  1 - ?.  ISSN 8755-6286     
document_url: http://d-scholarship-dev.library.pitt.edu/2734/1/zPutting_Academic_Fair_Use_to_the_Test%2C_June_2008.pdf
document_url: http://d-scholarship-dev.library.pitt.edu/2734/8/licence.txt