Regarding the distinction between who "pushes the button" to commercially create a coursepack v. who has the user's right to make an "educational use" for purposes of "fair use" analysis under US copyright law:
I am not currently aware of any caselaw discussing the ability to
transfer "user's rights," if they can be characterized as such (I am
aware this is a previously debated list topic) under s. 107 or any of
the other sections limiting the scope of s. 106, to another party. (I
know as a copyright owner I can alienate my s. 106 exclusive rights to
an agent, licensee, BFP etc.) If I am a user, are those rights
(specifically in this case fair use) personal to me, or alienable?
Offhand, since fair use is a fact-specific, factor-based balancing test
and an affirmative defense, I should think not.
Carol Shepherd
(admittedly late into the thread)
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Carol Ruth Shepherd arborlaw[_at_]aol.com
320 S Main Box 8403
business Ann Arbor MI 48107
intellectual property +1 313 668 4646 tel
and new media law +1 313 663 9361 fax
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Received on Wed Mar 20 1996 - 12:05:45 GMT
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