Several "official" and formal guidelines that attempt to define the scope of fair use for specific applications—notably for education, research, and library services—have emerged in the years since passage of the Copyright Act of 1976. Although some interested parties and some governmental agencies have welcomed these guidelines, none of them ever has had the force of law. 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.
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Registration is now open for “Leading a Strategic Assessment Program in a Research Library: An ARL Seminar for Recently Appointed Assessment Professionals,” to be held in Washington, DC, May 14–15, 2015. This two-day, in-person ...Read more »
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