Aufderheide, P. & Jaszi, P. (2011). Reclaiming fair use: How to put balance back in copyright. Chicago: The University of Chicago Press. KF 3020.A984 2011
Authors Aufderheide and Jaszi reveal that fair use remains a powerful tool for educators by clarifying much of the misunderstood notions regarding copyright law and what constitutes legal use of protected material. In revisiting the fair use doctrine contained in the original copyright law, scholars and educators can assert with reason and confidence that practical application of fair use can still be effective (and legal) in the digital age.
Crews, K. (2001). The law of fair use and the illusion of fair use guidelines. The Ohio State Law Journal, 62(2), 602-700.
This article analyzes the origins of guidelines, the various governmental documents and court rulings that reference the guidelines, and the substantive content of the guidelines themselves to demonstrate that in fact the guidelines bear little relationship, if any, to the law of fair use.
Crews, K. (1993). Copyright, fair use, and the challenge for universities. Chicago: The University of Chicago Press.Z 649.F35 C74 1993
In response to the confusion generated by the 1991 Basic Books vs. Kinkos fair use case, Crews offers a detailed explanation of copyright law and fair use. At the time a groundbreaking study, this book presents the results of a survey of 98 American research universities that assessed how the academic community at large interprets and implements copyright law. The author concludes that most universities adopt an overly cautious approach that only serves to undermine the fundamental purposes of scholarly research and instruction.
Gerhardt, D. & Wessel, M. (2010). Fair use and fairness on campus. North Carolina Journal of Law and Technology, 11(3), 461-530.
This article demonstrates why fair use is so critical to higher education, and seeks to clarify legal ambiguities of the law of fair use in order to better align this doctrine with critical educational goals.
Hobbs, R. (2010). Copyright clarity: How fair use supports digital learning. Thousand Oaks, CA: Corwin. LC 5803.C65 H63 2010
With a keen eye toward the future, Hobbs examines how fair use relates to digital learning and media literacy by presenting simple principles for applying copyright law to media resources for classroom use, and introduces current trends in copyright practices and policies to serve as additional guidance.
Neal, J. (2011). Fair use is not civil disobedience: Rethinking copyright wars and the role of the academic library. The Proceedings of the ACRL 2011 Conference, March 30 - April 2, 2011, Philadelphia, PA. Association of College and Research Libraries.
The academic library community has been at the center of the copyright wars, advancing the interests of students and faculty. Digital and network technologies, the licensing of electronic content, and the globalization of copyright have combined to challenge our traditional views of intellectual property. New laws and legislation over the past decade have threatened the sustenance of fair use and key exceptions to copyright. We must re-commit to the education of our campuses, to political advocacy, and to collective risk taking.
Ou, C. (2003). Technology and copyright issues in the academic library: First sale, fair use and the electronic document. portal: Libraries and the Academy, 3(1), 89-98.
First sale and fair use are two copyright principles of use in academic libraries that need to be reexamined in an information age offering the possibilities of universal access and perfect distribution in the electronic document.
Parchomovsky, G. & Weiser, P. (2011). Beyond fair use. Cornell Law Review. v. 96. 91-138.
To address the shortcomings of the fair use doctrine in the digital age, this article reconceives of the policy challenge and takes a fundamentally different tack. Rather than tinkering with the fair use doctrine, this article proposes the creation of a system of new user privileges that would supplement fair use.
Sundt, C. (2004). Fair use of images in the classroom: How far is fair? Presented in the session, Fair Use: Who Has the Rights?, College Art Association annual conference, Seattle, WA, February 2004.
