More on educational fair use — from an unexpected source

9 08 2009

When last I was heard from in this space, I was bemoaning the lack of any solid case law supporting what, at some level, we all know the be true: that the educational enterprise has a special place in the scheme of copyright law, and that – in particular – educational uses (both commercial and non-commercial) deserve special deference in fair use analysis. See Educational fair use: a provocation“. Since then, I’ve become aware of a development that seems worth commenting on, even though to do so puts me in a strangely divided position.


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