Q. Don't the exemptions for teaching preempt fair use?

Not at all. Uses not explicitly covered by other exceptions can still be covered by fair use. Indeed, legislative history shows that congress specifically intended for fair use to be available to cover ‘near-miss’ cases when it wrote specific exceptions like Section 110(2), also known as the TEACH Act. Indeed, as copyright attorney Jonathan Band argues in his article, “The Impact of Substantial Compliance with Copyright Exceptions on Fair Use,” these “near miss” situations should be subject to a kind of ‘gravitational pull’ that makes a finding of fair use more likely.

"Fair Use Code FAQ For Professors" by Association of Research Libraries


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  • Last Updated Sep 28, 2018
  • Views 0
  • Answered By Lori Driscoll

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