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Teaching in Higher Ed cover image

Copyright for the Rest of Us

Teaching in Higher Ed

NOTE

From Absolute Freedom to Conditional Fair Use

Initially, educational institutions in the U.S. enjoyed unrestricted rights to reproduce texts for teaching. This changed significantly in 1976, when copying became subject to fair use provisions. Now, any claim of fair use requires a careful evaluation of four factors: purpose, amount, nature of the work, and economic impact. This shift signifies a transition from straightforward rights to a complex legal landscape where the decision-making process resembles a spectrum rather than a binary choice.

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