[Air-L] On academic uses of academic listservs

[burkx006 at umn.edu]

On Jan 18 2008, Bill Herman wrote:

>
>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
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