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    1. https://blogs.library.duke.edu/scholcomm/files/2017/02/ASTM-Pub-Resource.pdf

      Copyright protection is a creature of statute, and as such is the result of careful policy considerations by Congress.

    2. Scholarly Communications @ Duke - Page 54 of 58 - Discussions about the changing world of scholarly

      Sections 107-122 of the Copyright Act all enact “limitations on exclusive rights” designed to allow conduct that would otherwise be (...)

    3. Scholarly Communications @ Duke - Page 2 of 58 - Discussions about the changing world of scholarly c

      This is a major problem under the current statute, which generally only allows for making three preservation copies.

    4. Scholarly Communications @ Duke - Page 6 of 58 - Discussions about the changing world of scholarly c

      The report calls for the adoption of international treaties on copyright limitations and exceptions for libraries and education.  

    5. Scholarly Communications @ Duke - Page 15 of 58 - Discussions about the changing world of scholarly

      In that astonishing collection of suggestions, Reichman and Okediji include a tailor-made exemption for scientific research, rules allowing the (...)

    6. Scholarly Communications @ Duke - Page 20 of 58 - Discussions about the changing world of scholarly

      He goes on to note that “The statute before us, however, does not encourage anyone to produce a single new work.”

    7. Scholarly Communications @ Duke - Page 19 of 58 - Discussions about the changing world of scholarly

      As Jon writes (quoting a 1990 case): While the specific exceptions provide courts with no discretion, fair use is “’an equitable rule of reason’ (...)

    8. Scholarly Communications @ Duke - Page 34 of 58 - Discussions about the changing world of scholarly

      Some courts have even held, in spite of plain language in the statute, that fair use of a work can be prevented if the user would have (...)

    9. Scholarly Communications @ Duke - Page 26 of 58 - Discussions about the changing world of scholarly

      First, Shakespeare lived before there were any copyright laws in England — the Statute of Anne was adopted almost 100 years after his (...)

    10. Scholarly Communications @ Duke - Page 16 of 58 - Discussions about the changing world of scholarly

      The presences of fair use in our statute is testimony to the intention to give US copyright law the flexibility to adapt to new (...)

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