[Air-l] copyright and new media scholarship (was turnitin issue)

[burkx006 at umn.edu]

On Mar 9 2007, Douglas Eyman wrote:

>Your comment about the Supreme 
> Court's actions also helps us to think through this (although it 
> unfortunately weighs on the side that we shouldn't support academic work 
> that uses remixing or engages new media as sources of quotation -- our 
> status as a free (non-commercial) academic journal wouldn't have much 
> impact on a fair use ruling it seems).

Let me make certain my comment was not misunderstood. The question of 
whether you make money or don't make money, whether you charge for access 
or don't charge for access, is not terribly important to the analysis, 
except perhaps as it indirectly affects the fourth factor in the statute.

The fact that you are engaged in schlolarship, criticism, and commentary -- 
that you are an academic journal -- is *enormously* important, especially 
for the second factor in the statute.

Neither is completely determinative.

And just to make your life more interesting, I will mention in passing that 
since the U.S. is the only country (at least, that I am aware of) with a 
fair use provision(*), to the extent that your journal is accessed in other 
jurisdictions, your mileage will vary enormously.

(*) Let me forestall the British, Canadians, and Australians from 
exclaiming, "But we have fair dealing!" by emphasizing that fair dealing 
and similar systems are NOT fair use.

DLB


-- 
Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN  55455
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