Educational Fair Use in Copyright: Reclaiming the Right to Photocopy Freely

Academic Article


  • Copyright owners who are affirmatively engaged in diminishing the scope of educational fair use are overwhelmingly publishers, rather than authors. These publishers attack educational fair use in several different, somewhat internally inconsistent ways. First, they argue that fair use reduces the profitability of their publications, and thereby reduces monetary incentives to undertake the publication of new works. In this way they characterize educational fair use as a threat to the creation and dissemination of future works of scholarship, rather than an escape valve through which current knowledge embodied in prohibitively expensive books and periodicals can leak to the impoverished. Publishers make this argument despite clear evidence that academic writers do not require monetary incentives to produce scholarly works. In fact, many academic writers prefer a broad definition of fair use, which makes others' works available to them, and perpetuates wide dissemination of their writings, even if it costs them royalty payments.
  • Authors


    Publication Date

  • 1998
  • Has Subject Area

    Published In


  • Copyright
  • education
  • fair use
  • photocopying
  • Start Page

  • 149
  • End Page

  • 230
  • Volume

  • 60
  • Issue

  • Fall