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.

Transforming’ the Conversation: Rethinking Fair Use in Academic Course Reserves

The Association of Research Libraries' 2012 publication, Code of Best Practices in Fair Use for Academic and Research Libraries, focuses heavily on the concept of transformative use within the fair use analysis. In some cases, the Association of Research Libraries advocates for using the entire work in an electronic format for course reserves. However, current approaches to electronic course reserves and fair use/transformative use arguments are not conducive to utilizing the Association of Research Libraries' recommendations. This article attempts to reframe the conversation by examining fair use in a broad context and the role of the class in the fair use analysis.

Report regarding investigation directed to be made by the President in his Executive order of November 27, 1933, approving the Code of fair competition for the motion picture industry.

Mode of access: Internet.

Sir Thomas Elyots̓ The defence of good women,

"The defence of good women was first published in 1540. The only known copy of this edition is in the Henry E. Huntington library; this copy is here reproduced in a line-for-line and letter-for-letter reprint."--Introd., p. viii.

Report of the National recovery administration on the operation of the basing point system in the iron and steel industry, November 30, 1934 [and Appendix A-E] Pursuant to the first statement in paragraph 3 of Executive order dated May 30, 1934, approving the amendment to the Code of fair competition for the iron and steel industry.

Mimeographed.

Index to the hearings on the Codes of fair competition held under the National Industrial Recovery Act /

Index to the film copies made by Joint Committee on Materials for Research of the The American Council of Learned Societies and the Social Science Research Council.

Life, teachings, and death of Socrates : from Grote's history of Greece; with the defence of Socrates before his judge.

Mode of access: Internet.

A Sheltered crisis : the state of fair housing in the eighties : presentations at a consultation sponsored by the United States Commission of Civil Rights, Washington, D.C., September 26-27, 1983.

Mode of access: Internet.

[C̀uthbert Conny-catcher'.] The defence of conny-catching.

Mode of access: Internet.

An introduction to the defence of Abner Kneeland, charged with blasphemy : before the Municipal Court, in Boston, Mass. at the January term in 1834 /

Mode of access: Internet.

The defence of the settlers of Honduras against the unjust and unfounded representations of Colonel George Arthur, late superintendent of that settlement. Principally contained in his Correspondence relative to the condition and treatment of the slaves of Honduras, 1820-1823, and printed by order of the House of commons, 16th June, 1823.

Mode of access: Internet.

The defence of John Rutter, delivered "On Monday the 14th of August, 1826," with additional observations.

Mode of access: Internet.

The defence of poesy,

Mode of access: Internet.

Letters of Decius, in answer to the criticism upon the Political account of Trinidad : and upon the defence of the crimies of Governor Picton, in the Anti-Jacobin review, under the title of the "Pictonian prosecution."

Mode of access: Internet.