PIJIP Director Michael Carroll’s review of “Refuge From The Storm: A Fair Use Safe Harbor For Non-Fiction Works”, by Michael Donaldson is available on IP Jotwell. The introduction follows, but the full piece is available here.
When is a use of a copyrighted work a fair use? This issue has grown in significance with the increase in the economic value of copyrighted works and in the ways in which users can distribute, rework, or otherwise borrow from copyrighted works. The fair-use inquiry is contextual, formally focusing on the nature and purpose of a use, the creative nature of the work, the amount of the work used, and the effect of the use on the copyright owner’s ability to economically exploit the work. For some, fair use’s attention to context renders it an unreliable ally for the diligent user.