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Can Copyright kill the Internet? - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2008/10/15/can-copyright-kill-the-internet/
Google are solid examples of this principle. But fair use is a fairly unique feature of US law; it does not exist in most other countries.
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GSU and Sony - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/02/14/gsu-and-sony/
We could make more money without fair use, and therefore that money should be taken into account when deciding whether or not something (...)
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The prevailing party - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2012/08/11/the-prevailing-party/
How long, we might ask, and the Judge tells us that the longest excerpt she allowed, at 18.5 %, is near the limit of fair use. So much (...)
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Here we go again: latest GSU ruling an odd victory for libraries - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2016/04/01/fgo-latest-gsuruling-odd-victory-libraries/
First, we should continue to do what we have been doing — making careful fair use decisions and relying on those decisions when we feel (...)
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Brilliant! - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2011/07/15/brilliant/
It is an unfortunate reality of my job that I am frequently reminded about how many misconceptions regarding copyright persist amongst (...)
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Why we need to collaborate. - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2007/08/20/collaborate/
Presses have also done a poor job of aligning themselves with the academic priorities of their parent institutions and demonstrating to (...)
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The GSU decision - not an easy road for anyone - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2012/05/12/the-gsu-decision-not-an-easy-road-for-anyone/
So here is the bottom line on the fair use analysis Judge Evans has outlined (pp. 87 – 89 of the opinion).
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The problem with permission - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/07/18/the-problem-with-permission/
Shortly before she left to take up a full-time library job, Ms. Fowler sent a letter to a major motion picture studio because one of (...)
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Reform is in the air - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2011/09/07/reform-is-in-the-air/
David’s paper, which gets favorable notice from the Law Librarian Blog, does an excellent job of explaining why it is problematic that (...)
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Why Can’t I Digitize My (Institution’s) Library? - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2011/07/27/why-can%E2%80%99t-i-digitize-my-institution%E2%80%99s-library/
This fair use assertion makes an end-run around section 108, but looking at the fair use factors, it is still appealing.