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- Introduction
- I. The Nature of the Copyright Scheme
- A. The Basic Tensions
- B. The Meaning of the Constitutional Copyright Clause: The Primary Balancing
- C. The Traditional Statutory Design
- II. The Elements of Fair Use
- A. The Section 107 Approach
- B. The Traditional Fair Use Configuration
- C. The Confusion of Photocopying Exemptions with Fair Use
- D. A Dual-Risk Approach to Fair Use Analysis
- E. The Intrinsic Use Question
- F. The Dual-Risk Approach Applied
- III. Exemptions from Copyright
- A. A Rationale of Exemptions
- B. The Exemptions in the New Copyright Act
- 1. Exemptions for Copying and Recording
- 2. Exemptions for Performances and Displays
- 3. Other Copying and Performing Exceptions
- C. Analysis of Exceptions from “Exclusive Rights” Controls in the New Copyright Act
- 1. Classfication of Exceptions: Technological or Public Policy
- 2. Technological Exceptions
- 3. Public Policy Exceptions
- IV. The Photocopying Adjustments in Copyright Scheme Dynamics
- A. “Obtaining” a Copy
- B. “Fair Price”
- C. “Later Use” Liability
- D. “Contractual Obligations”
- E. “Direct or Indirect Commercial Advantage”
- F. Photocopying Prices: The Open Question
- V. A Functional Approach to Statutory Adjustments in the Copyright Scheme
- A. Accommodating a Governmentally Introduced Imbalance: The Public Lending Right Scheme
- B. Accommodating a Technologically Impelled Imbalance: The Three Faces of the Photocopying Problem
- 1. Interlibrary Transactions Involving Photocopying
- 2. The Compelled Alternatives for the Accommodation of Photocopying in the Copyright Scheme
- C. The Copyright Scheme and the New Copyright Act: Some Final Thoughts
- Appendices
- A. Copyright Act of 1976
- B. Committee Reports on Section 107, Fair Use
- 1. House Committee Report
- 2. Senate Committee Report
- C. Committee Reports on Section 108, Reproduction by Libraries and Archives
- 1. House Committee Report
- 2. Senate Committee Report
- 3. Conference Report
- D. 1965 Supplementary Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law
- E. 1935 “Gentlemen’s Agreement”
- Cases Cited
- Index
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