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Articles 1 - 6 of 6
Full-Text Articles in Intellectual Property Law
Copyright And Libraries: Georgia State Copyright Lawsuit, Laura Burtle
Copyright And Libraries: Georgia State Copyright Lawsuit, Laura Burtle
University Library Faculty Publications
Overview of the litigation between academic publishers and Georgia State University and the University System of Georgia regarding the use of electronic reserves. The chapter covers the fair use findings of the district and appellate courts and provides background on the case.
Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre Keller
Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre Keller
Journal Publications
Rather, as the Georgia State decisions exemplify, educators and educational institutions are treated like every other unlicensed user of copyrighted materials; they are expected to prove that each use is a fair use firmly within the confines of existing fair use jurisprudence. Jaszi further asserts that endeavoring to change the copy-right statute is a lost cause and offers, as the least bad alternative, the possibility of educators articulating their uses as transformative and, therefore, well within the recognized parameters of the fair use doctrine. This piece responds to Professor Jaszi’s article. Part II briefly analyzes the Georgia State decisions out …
Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre A. Keller, Anjali Vats
Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre A. Keller, Anjali Vats
Articles
This article engages the recent Georgia State litigation regarding uses copyrighted content by teachers and seeks to place it within the larger context of the current state of affairs in education and in copyright policy making. In a recent article, Professor Peter Jaszi argued that educators need to begin to articulate the ways in which their uses are transformative in order to increase their chances of winning copyright infringement suits on the basis of fair use. While Jaszi’s point that educators need to better articulate their rights to use copyrighted content is well-taken, we argue that the appropriate audience educators …
Transformative Teaching And Educational Fair Use After Georgia State, Brandon C. Butler
Transformative Teaching And Educational Fair Use After Georgia State, Brandon C. Butler
Brandon C. Butler
The Supreme Court has said that copyright’s fair use doctrine is a “First Amendment safety valve” because it ensures that certain crucial cultural activities are not unduly burdened by copyright. While many such activities (criticism, commentary, parody) have benefited from the courts’ increased attention to first amendment values, one such activity, education, has been mired for years in a minimalist, market-based vision of fair use that is largely out of touch with mainstream fair use jurisprudence. The latest installment in the history of educational fair use, the 11th Circuit’s opinion in the Georgia State e-reserves case, may be the last …
Basic Copyright Exceptions For Educators, Bryan M. Carson
Basic Copyright Exceptions For Educators, Bryan M. Carson
Bryan M. Carson
Published by the Faculty Center for Excellence in Teaching at Western Kentucky University, this work provides a basic overview of some of the copyright issues that college faculty regularly encounter. The booklet is written in plain language for a non-legal audience. It covers issues related to fair use, the education and library exceptions to copyright and the T.E.A.C.H. Act. The booklet also explains some of the legal rules for performing and displaying materials, films, and musical works in face-to-face and online classes. The booklet also discusses the relationship between copyright and plagiarism, and suggests ways of teaching students about both …
Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener
Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener
University of Michigan Journal of Law Reform
Part I of this Note describes copyright law as it applies to university photocopy users, including an examination of the relevant legislative histories. Part II addresses the case law on university photocopying, both prior to and following the adoption of the Act. Part III briefly discusses the policies underlying university photocopying. The Note concludes with an analysis of the NYU settlement in relation to copyright law.