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Fair Use

  • Digital Delivery in the Classroom
    When the Technology, Education and Copyright Harmonization (TEACH) Act was enacted in 2002, librarians hoped that it would provide some clarity on copyright exceptions for the digital delivery of content for distance education. In reality, understanding what is permitted under the TEACH Act in combination with the Digital Millennium Copyright Act (DMCA) and existing exceptions like fair use have become more confusing to many practitioners. As a result, there are many more questions from the field about what is permitted. This piece was written in hopes of clarifying one aspect of the confusion—digital delivery of content to the “physical” classroom.
  • Fair Use and Electronic Reserves
    Since the CONFU (Conference on Fair Use) discussions in the late 1990's, there have been numerous discussions concerning "best practices" of electronic reserve systems or e-reserves. The library and higher education associations did not endorse the CONFU discussions because the draft e-reserves guidelines were both highly proscriptive and did not provide the necessary flexibility characteristic of fair use.