Comments on: Fair Use? http://eric.clst.org/mystery/archives/48 gathering threads of technology, libraries, and leadership Sun, 23 Nov 2008 09:12:28 +0000 http://wordpress.org/?v=2.6 By: efc http://eric.clst.org/mystery/archives/48#comment-13 efc Sat, 29 Jan 2005 17:40:54 +0000 http://eric.clst.org/mystery/archives/48#comment-13 Reviewing case law is a great idea and I'm sure Crews would also encourage such a review. I'm not sure what cases are most relevant and have not done such a review. One source to get you started might be Stanford's fair use site and its section on US cases ( <a href="http://fairuse.stanford.edu/primary_materials/cases/" rel="nofollow">http://fairuse.stanford.edu/primary_materials/cases/</a> ). Reviewing case law is a great idea and I’m sure Crews would also encourage such a review. I’m not sure what cases are most relevant and have not done such a review. One source to get you started might be Stanford’s fair use site and its section on US cases ( http://fairuse.stanford.edu/primary_materials/cases/ ).

]]> By: Stacie http://eric.clst.org/mystery/archives/48#comment-12 Stacie Sat, 29 Jan 2005 17:13:05 +0000 http://eric.clst.org/mystery/archives/48#comment-12 Besides a careful thinking-through of the four factors, I was taught (in a library school class with Tomas Lipinski at UWM) that it's also important to consider any caselaw that might be relevant to your situation. In other words, if a judge has ruled on fair use in a situation similar to yours, you should consider that precedent in trying to determine whether what you propose to do constitutes a fair use. I don't know off the top of my head of any cases relevant to the "Eyes on the Prize" situation, but my knowledge is hardly exhaustive. Does Crews also recommend the consideration of relevant caselaw? Lipinski (who is both an attorney and a librarian) always told his students that he tended to be extremely cautious in making a fair use determination, but that others might not be so cautious. Besides a careful thinking-through of the four factors, I was taught (in a library school class with Tomas Lipinski at UWM) that it’s also important to consider any caselaw that might be relevant to your situation. In other words, if a judge has ruled on fair use in a situation similar to yours, you should consider that precedent in trying to determine whether what you propose to do constitutes a fair use. I don’t know off the top of my head of any cases relevant to the “Eyes on the Prize” situation, but my knowledge is hardly exhaustive.

Does Crews also recommend the consideration of relevant caselaw? Lipinski (who is both an attorney and a librarian) always told his students that he tended to be extremely cautious in making a fair use determination, but that others might not be so cautious.

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