Cover: Exemptions and Fair Use in Copyright: The Exclusive Rights Tensions in the 1976 Copyright Act, from Harvard University PressCover: Exemptions and Fair Use in Copyright in E-DITION

Exemptions and Fair Use in Copyright

The Exclusive Rights Tensions in the 1976 Copyright Act

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$65.00 • £54.95 • €60.00

ISBN 9780674433120

Publication Date: 06/30/1978

199 pages


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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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