ACRL Copyright Discussion Group
Jennifer Rothman http://www.lls.edu/academics/faculty/rothman.html
Her advice:
ARL code overemphasizes the transformative nature of these uses.
Look for what commercial options exist.
Be wary of code and set forth your dissent on paper.
Cambridge UP v. Becker (GSU)
Four Factors
1. Not transformative use, not not profit and educational
2. Factual and scholarly works, thinks 11th will overturn.
3. clear lines 10% etc.
4. Court focused on availability of exist license.
Sage got most of these because they had easy to use licensing service.
Court didn't decide on books with different authors, anthologies, came up too late.
What happens if a licensing market comes later?
Don't allow more than 10% or more than one chapter.
Two pending cases to watch
1. UCLA streaming of video
2. Authors Guild v Hathi
Read licenses!
Congressman wants to get clearer fair use guidelines written. Sympathetic to users on this.
She described as "Overly sneaky" = 10% in the first half of semester, 10% in second half, for instance. I agree.
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