Student Question: Federal Agencies and Fair Use

From: Blacknell, Mark <MBLACKNE[_at_]cns.gov>
Date: Mon, 15 Jun 98 16:09:00 EDT

Hi folks-

After an embarrassingly long effort at finding on-point materials, I am asking for your assistance in finding materials/cases that would be helpful in answering the following question:

Does the use of a newspaper article by a federal agency (such as posting it to a web page) constitute fair use?

I'm aware of the four general points of fair use included in 17 USCA 107 and associated case law. But I can't seem to find anything analogous to the above situation. The closest I can come is many cases dealing with educational use. But the use in the hypo is generally to promote the good work of the agency. Perhaps it might be characterized as "educating" the public (tho' that sounds like a stretch to me).

I've taken a look at many resources on the 'net, as well as the regular treatises. While it's been a great introduction to copyright law, it still seems that I'm a long way from a conclusion. Any help would be greatly appreciated.

Cheers-

Mark Blacknell
GWU 2L
<mblackne[_at_]cns.gov>

BTW- if this was an inappropriate use of the list, please let me know, and accept my apologies in advance.

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Mark Blacknell
CNS-OGC Intern
202.606.5000 x357

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Received on Mon Jun 15 1998 - 20:16:42 GMT