Brett Frischmann: Taking Back Educational Fair Use: "Educational fair use is shrinking. By virtue of significant improvements in the administration of copyright licensing and persistent pressure by publishers and copyright owners to license virtually all uses of works, many educators have been corralled into seeking permission and paying for licenses through institutions such as the Copyright Clearance Center. To make matters worse, there is a circular feedback loop in fair use analysis that ties fair use to market effects (or market failure) such that the availability of licensing revenues undercuts arguments for fair use and gradually leads to its demise."
Previously: Thoughts on Fair Use
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