Re: "fair use" in the Internet

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Wed, 19 Aug 1998 10:19:15 -0400

On 08/17/98, Jana Evans Braziel <braziel[_at_]arches.uga.edu> wrote:

>

> Question:
>
> What is considered "fair use" with regard to intellectual property and
> the Internet?

Generally speaking, the test will be the same as that for fair use in any other medium. The actual outcome in any given situation will be highly fact dependent.

> For example, if I submitted a paper for publication review to an
> academic journal and ideas/bibliographical sources (not randomly,
> but the entire list of sources as presented in one footnote) is
> later posted to a website maintained by the external reviewer for
> the journal, do I have any legal recourse?

Maybe. If your arrangement and selection of sources is original, you may have a copyright interest in the list. However, you would need to register the work before suit, and your actual damages are likely to be small or non-existent.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Wed Aug 19 1998 - 14:12:25 GMT