An Economic Model of Fair Use

The doctrine of fair use allows unauthorized copying of original works of art, music, and literature for limited purposes like criticism, research, and education, based on the rationale that copyright holders would consent to such uses if bargaining were possible. This paper develops the first formal analysis of fair use in an effort to derive the efficient legal standard for applying the doctrine. The model interprets copies and originals as differentiated products and defines fair use as a threshold separating permissible copying from infringement. Application of the analysis to several key cases (including the recent Napster case) shows that this interpretation is consistent with actual legal reasoning. The analysis also underscores the role of technology in shaping the efficient scope of fair use.

An Economic Model of Fair Use

The doctrine of fair use allows limited copying of creative works based on the rationale that copyright holders would consent to such uses if bargaining were possible. This paper develops a formal model of fair use in an effort to derive the efficient legal standard for applying the doctrine. The model interprets copies and originals as differentiated products and defines fair use as a threshold separating permissible copying from infringement. The analysis highlights the role of technology in shaping the efficient standard. Discussion of several key cases illustrates the applicability of the model.

Tackling Copyright in the Digital Age: An Initiative of the University of Connecticut Libraries

From 2005 to 2007, the University of Connecticut Libraries Copyright Project Team engaged in a wide range of activities to fulfill its charge and to raise awareness of copyright issues in the library and across the university. This article highlights some of the primary activities and tools used by the team to involve stakeholders, to provide educational opportunities, and to stay current on copyright issues in higher education. Among other activities, the team developed a new copyright web site for use by library staff and the broader university community.