[Air-L] Fair use analysis

[Bill Herman]

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 at umn.edu
>
>