Last year I had the good fortune to be invited to participate in a paper symposium about fair use. The symposium was published late in 2010 as volume 57, no. 3 of the Journal of the Copyright Society, edited with extraordinary grace by a great team:Â editors Stacey Dogan at Boston University and Jay Dougherty at Loyola Los Angeles, assisted by William ManzÂ at St. John’s.
I’ve listed the table of contents of the symposium below. Because of the way that most of us find and read legal scholarship these days, it’s likely that many scholars interested in fair use, fair dealing, copyright exceptions and limitations, and related things will find some of these articles in isolation. The Copyright Society does not publish them on its website.Â In fact, because SSRN actively discourages references to symposia in abstracts, readers who find the articles there will be shielded from the fact that they were published together. I’m told that all of the papers will make their way to Westlaw and to Lexis/Nexis, but they aren’t there yet, so far as I can tell. Some of them are up at SSRN.Â I have included hyperlinks to the ones that I could find.
This is quite a collection of authors and perspectives.Â Thanks to all of the contributors for participating in a great project, and thanks to the editors for their hard work in seeing it through to publication.
- Peter Jaszi, Getting to Best Practices — A Personal Voyage Around Fair Use
- Michael C. Donaldson, Fair Use: What a Difference a Decade Makes
- Anthony Falzone & Jennifer Urban, Demystifying Fair Use: The Gift of the Center for Social Media Statements of Best Practices
- Michael J. Madison, Some Optimism About Fair Use and Copyright Law
- Jennifer E. Rothman, Best Intentions: Reconsidering the Best Practices Statements in the Context of Fair Use and Copyright Law
- Jay Rosenthal, Best Practices
- Rob Kasunic, The Problem of Meaning in Non-Discursive Expression
- Joseph P. Liu, Toward a Defense of Fair Use Enablement, or How U.S. Copyright Law is Hurting My Daughter
- Amira Dotan, Niva Elkin-Koren, Orit Fischman-Afori & Ronit Haramati-Alpern, Fair Use Best Practices for Higher Education Institutions: The Israeli Experience
- Eric J. Schwartz, An Overview of the International Treatment of Exceptions
- Daniel Gervais, Fair Use, Fair Dealing, Fair Principles: Efforts to Conceptualize Exceptions and Limitations to Copyright
- Martin Senftleben, Bridging the Differences between Copyright’s Legal Traditions â€“ The Emerging EC Fair Use Doctrine
- Paul Edward Geller, A German Approach to Fair Use: Test Cases for TRIPs Criteria for Copyright Limitations?
- Lorna Caddy, Niri Shan & Valerie Aumage, The European Approach to Fair Dealing — Harmony or Discord?
- Joseph M. Beck, Allison M. Scott & Katharine M. Sullivan, Moral Rights and Wrongs: Conflicts in the Digital World
- Graeme W. Austin,Four Questions About the Australian Approach to Fair Dealing Defenses to Copyright Infringement
- Teruo Doi, Availability of the “Fair Use” Defense Under the Copyright Act of Japan: Legislative and Case Law Developments for Better Adapting It to the Digital/Network Environment
- Wang Qian, Is Downloading of Pirated Content for Private Purposes a Copyright Infringement in China?
- Andrea Rush, What Anna Karenina Might Have Said About Copyright Qualifications Under Canadian Law