Re: copyright & fair use

From: Gerald Barnett <barnett[_at_]u.washington.edu>
Date: Mon, 25 Apr 1994 15:48:55 -0700 (PDT)

It seems part of the trouble with the fair use section is that it applies better as a statutory user right to published works than to unpublished. If one is working on a work (book, software, photo collection) and wishes to send it to a college professor for review, it would be reasonable to be able to prevent its use in the classroom under fair use until it is published.

Once the work is published, however, it doesn't seem so equitable for sellers to select buyers for the work based on buyers' willingness to give up rights apparently reserved to them by the statute. For educational institutions and other non-profits, the need to obtain current materials and any hint of exposure to legal action are enough to generate very conservative policies that in effect waive fair use. The result: apparent beneficiaries of the statute are not allowed by market forces to enjoy quiet possession of the right.

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Gerald Barnett                              Phone:  (206) 543-3970
University of Washington                    Email:  barnett[_at_]u.washington.edu

Seattle, WA 98195 Received on Mon Apr 25 1994 - 22:49:12 GMT