[Air-L] Fair use analysis

[greenhow at umn.edu]

Hi Pam and Bill, 

I've come across questions similar to the ones you are posing. Here is an 
online interactive tool that might be useful to guide understanding of the 
four Factors of Fair Use, help weigh them, and make a good faith, 
documented fair use decision (with printable PDF to document your process).

http://www.lib.umn.edu/copyright/checklist.phtml

Here's our recent article on Fair Use Decision-making which you may find 
useful: 
http://innovateonline.info/index.php?view=article&id=443&action=login

Cheers,
Christine Greenhow
Learning Technologies
University of Minnesota

On Jan 19 2008, Bill Herman wrote:

>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
>>
>>   
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-- 
Dr. Christine Greenhow
Learning Technologies
Dept. of Curriculum and Instruction
College of Education and Human Development
University of Minnesota
125 Peik Hall
159 Pillsbury Drive SE
Minneapolis, MN 55455
Phone: 651-226-4015
Email: greenhow at umn.edu
Program Affiliations: www.admissionpossible.org