Re: Re: Distribution of personal study guide

Fair use in the US is a matter of statutory law, just like the particular exceptions. It differs insofar as it is both general and requires judgment in its application of a different order than most of the more particularized exceptions.

On 2/7/06, Bernard Katz <bkatz[_at_]uoguelph.ca> wrote:
> I believe that the "technical shift of burden" as Steven Jamar called it
> is more than a mere technicality. In Canada, our "fair dealing" clause
> (not exactly the same as "fair use" in the USA, but close, especially
> after the CCH vs. Law Society of Upper Canada unanimous decision by the
> Supremne Court of Canada in 2004) is a statutory defense - as I under-
> stand it. I have been told that the same is technically true of "fair
> use" in the USA. So although one may anticipate that fair dealing or fair
> use will be applicable and and procede with one's action, these are not
> the same as the "exceptions" granted to libraries, archives and museums,
> for example, in the Canadian Act which have explicit rights to do some
> well-defined things.
> Cheers,
> Bernard Katz, former head, Special Collections and Library Development
> McLaughlin Library, University of Guelph
> author, descriptive bibliog. of L.M. Montgomery's books (in progress)
> and former chair, Ontario Library Association Copyright Task Force
>
>

--
Prof. Steven Jamar
Howard University School of Law