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Putting Academic Fair Use to the Test

Pike, George H. (2008) Putting Academic Fair Use to the Test. Information Today, 25 (6). 1 - ?. ISSN 8755-6286

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The Fair Use Doctrine is one of the most important, complex and misunderstood elements of copyright law. It was born out of the principle that copyright law needs to balance the rights of authors and creators to reap a benefit from their creations with the public’s right to continue to develop new knowledge on the foundation of these creations. It is intended to function by allowing the use of existing creative works without the need to obtain permission or pay royalties, but only for certain purposes that have been identified as serving the public good. The complexity of the Fair Use Doctrine is that it is both very broad and quite narrow. The doctrine itself can be found at Title 17, Section 107 of the United States Code. The parties involved in a fair use case will measure and weigh many elements. However, if these parties can’t agree as to whether a use is fair, lawsuits may be filed and it becomes up to the court to decide. While no one wants to be sued, there is some benefit in that the court decisions which the four factors help to further narrow the scope of the fair use test and help subsequent users determine if fair use may apply to their proposed use.


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Item Type: Article
Status: Published
CreatorsEmailPitt UsernameORCID
Pike, George H.
Date: June 2008
Date Type: Publication
Journal or Publication Title: Information Today
Volume: 25
Number: 6
Publisher: Learned Information, Inc., Medford, NJ
Page Range: 1 - ?
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
School of Law > Law > Faculty Publications
Refereed: No
Uncontrolled Keywords: Fair, Use, Doctrine, fair, use, copyright, law, copyright, infringement, four, factors, test, lawsuits, academic, fair, use, coursepacks, course, reserves, electronic, distribution, Oxford, University, Press, Cambridge, University, Press, &, Sage, Publications, v., Georgia, State, University
ISSN: 8755-6286
Official URL:
Date Deposited: 17 Jul 2009 14:31
Last Modified: 20 Dec 2018 00:55


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