New England Chapter

The Future of Fair Use : Bibliography

The Future of Fair Use
Massachusetts Institute of Technology, Cambridge, MA
Tuesday, December 11, 2001

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CONFU: The Conference on Fair Use, U.S. Patent and Trademark Office.

Copyown: A Resource on Copyright Ownership for the Higher Education Community, by Rodney J. Petersen. Office of Information Technology, University of Maryland.

Copyright & Fair Use, Stanford University Libraries - includes excellent annotated bibliography of online articles.

Copyright, Fair Use & Licensing in a Digital World, National Initiative for a Networked Cultural Heritage (NINCH).

Copyright, Intellectual Property Rights, and Licensing Issues, Berkeley Digital Library SunSITE.

Copyright Resources Online, by Ann Okerson et al. Yale University Library.

Electronic Frontier Foundation:

Fair Use for Teaching and Research, Copyright Management Center, Indiana University-Purdue University, Indianapolis.

Intellectual Property, Copyright, and Fair Use Resources, by Lorre Smith. University at Albany Libraries.

Digital Millennium Copyright Act, Copyright Laws & the Copyright Office

"Anti-Circumvention and the Digital Millennium Copyright Act," by Laura N. Gasaway. Information Outlook 3, no. 6 (June 1999): 49-50.

Copyright Basics - prepared by the United States Copyright Office.

Copyright Law of the United States of America.

"Copyright, the Universe, and Everything: The Digital Millennium Copyright Act of 1998," by Bradley C. Watson. Annual Review of OCLC Research (1999)

"Court Decisions Tilt DMCA Balance Away From Libraries, Users," by K. Matthew Dames. (December 17, 2001).

Digital Millennium Copyright Act - summary prepared by the United States Copyright Office.

Digital Millennium Copyright Act - includes text of the act and committee reports.

Digital Millennium Copyright Act. EDUCAUSE.

"The Digital Millennium Copyright Act and Library Liability," by Fred H. Cate. Indiana Libraries 19, no. 1 (2000): 16-23.

Digital Millennium Copyright Act Status & Analysis. Association of Research Libraries.

Digital Millennium Copyright Act Study Required by §104, United States Copyright Office. Includes public comments and hearing.

"MPAA vs. DeCSS at H2K: DVD Content Scrambling and the Letters of Copy Protection Law," by Heidi Gautschi. EMedia 13, no. 9 (September 2000): 18-20.

"New Cases Interpret DMCA," by Laura N. Gasaway. Information Outlook 4, no. 7 (July 2000): 36, 38.

Oversight Hearing on "The Digital Millennium Copyright Act Section 104 Report." House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, 107th Cong. (December 12-13, 2001).

United States Copyright Office.

Articles /Books / Sites


"CONFU-sed: Security, Safe Harbors, and Fair-Use Guidelines. Conference on Fair Use," by Dwayne K Buttler. Journal of the American Society for Information Science 50, no. 14 (December 1999): 1308-1312.

"Copyright as a Social Responsibility--Fair Use: I Need It Now!" by Rebecca P. Butler. Knowledge Quest 29, no. 3 (Jan./Feb. 2001): 35-36.

Crash Course in Copyright, by Georgia K. Harper. University of Texas, Austin.

"Fair Use: A Right or a Privilege," by Laura N Gasaway. Information Outlook 4, no. 11 (November 2000): 39-40.

"Fair Use after CONFU," by Jinnie Y Davis. College & Research Libraries 59, no. 3 (May 1998): 209-211.

"Fair-use Guidelines: A Selected Bibliography," by Noemí A Rivera-Morales. Journal of the Association for Information Science 50, no. 14 (December 1999): 1353-1357.

"Fair Use in the Electronic Age: Serving the Public Interest," Association of Research Libraries (ARL).

"Intellectual Property and Copyright: Protecting Educational Interests and Managing Changing Environments," by Janis H. Bruwelheide. Paper presented at EDUCAUSE annual conference, 1999.

"Understanding Your Rights: The Public's Right of Fair Use," by Robin D. Gross. Electronic Freedom Foundation, Campaign for Audiovisual Free Expression (CAFÉ).

"What's Right about Fair-Use Guidelines for the Academic Community?" by Mary Berghaus Levering. Journal of the Association for Information Science 50, no. 14 (December 1999): 1313-1319.

"What's Wrong with Fair-Use Guidelines for the Academic Community? Conference on Fair Use Guidelines," by Kenneth Frazier. Journal of the Association for Information Science 50, no. 14 (December 1999): 1320-1323.

Online Course Material

"Copyright Considerations in Distance Education and Technology-Mediated Instruction," by Kenneth D. Salomon. American Association of Community Colleges, 1999.

Copyright Essentials for Librarians and Educators, by Kenneth D. Crews. Chicago, IL: American Library Association, 2000.

"Electronic Reserves and Fair Use: The Outer Limits of CONFU [Conference on Fair Use]," by Kenneth D Crews. Journal of the American Society for Information Science 50, no. 14 (December 1999): 1342-1345.

Fair Use Guidelines for Educators: Books and Periodicals, Music, Off-Air Recordings of Broadcasts, Multimedia, Distance Learning, Digital Images, Software, by Linda K. Enghagen. Revised ed. Washington, DC: National Education Association, 2000.

"Fair Use or Not Fair Use: That is the Electronic Reserves Question," by Steven J. Melamut, Patricia L. Thibodeau, and Eric D. Albright. Journal of Interlibrary Loan, Document Delivery & Information Supply 11, no. 1 (2000): 3–28.

"Guidelines Favoring Fair Use: An Analysis of Legal Interpretations Affecting Higher Education," by Judith L Marley. Journal of Academic Librarianship 25, no. 5 (September 1999): 367-371.

"Logging in with...Corynne McSherry; Law Student Warns that Professors' Quest for Rights to Lectures Could Backfire," by Jeffrey R. Young. Chronicle of Higher Education (November 6, 2001).

"Pursuing Fair Use, Law Libraries, and Electronic Reserves," by Steven J Melamut. Law Library Journal 92, no. 2 (Spring 2000): 157-192.

"Who Owns Online Courses and Course Materials: Intellectual Property Policies for New Learning Environment," by Carol A. Twigg, Pew Learning and Technology Program. Troy, NY: Rensselaer Polytechnic Institute, Center for Academic Transformation, 2000.


"CONFU: The Final Word? A Proposal for Educational Fair Use for Digital Images," by Katherine Poole. Art Documentation 16, no. 2 (Fall 1997): 41-43.

Copyright & Art Issues, compiled by Christine L. Sundt. University of Oregon.

"Defining Fair Use in Visual Art Research Sources and Strategies," by Virginia Rutledge.Legal Reference Services Quarterly 17, no. 4 (1999): 7-52.

Use of Images [presented at] "Copyright and Fair Use: What You Need to Know to Stay Out of Trouble," videocassette by John Weise, Barbara MacAdam, and Joy Blouin. Ann Arbor, MI: BMC, 1997.


ASCAP's Guide to Resources in the Music Business - Association of Composers, Authors & Publishers.

"Copyright Clash Shutters Speech," by Brad King. Wired News (May 2, 2001).,1294,43475,00.html

Copyright Law and Music, Maricopa Community Colleges, Legal Services Department.

"Digital Millennium Copyright Act (WIPO Implementing Legislation)," National Music Publishers Association (November 7, 2001).,1294,43475,00.html

"Digital Music and Copyright Law," in The MP3 and Internet Audio Handbook, by Bruce Fries with Marty Fries. TeamCom Books, 2000. [in,1294,43475,00.html]

"Fair Use," by Negativland.

Free Music Philosophy.

"Imbruglia CD Sparks Complaints," BBC News (21 November 2001).

"Round 2 of Online Music Battle Begins," by Chuck Philips and Jon Healey. Los Angeles Times (December 10, 2001).


Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. University of Maryland University College, Information and Library Services.

"Copyright and Fair Use of Multimedia Resources," by Norman Desmarais. The Acquisitions Librarian No. 26 (2001): 27–59.

Digital Copyright: Protecting Intellectual Property on the Internet, by Jessica Litman. Amherst, NY: Prometheus Books, 2001.

Fair Use Guidelines for Educational Multimedia.

"Fair Use Guidelines for Educational Multimedia," by Rebecca P Butler. Knowledge Quest 29, no. 4 (Mar./Apr. 2001): 41-42.

"The Multimedia Guidelines. Association of American Colleges and Universities and Fair-Use," by Joann Stevens. Journal of the American Society for Information Science 50, no. 14 (December 1999): 1324-1327.

"Testing the Limits: The CONFU Digital-Images and Multimedia Guidelines and Their Consequences for Libraries and Educators," by Christine L Sundt. Journal of the Association for Information Science 50, no. 14 (December 1999): 1328-1336.

Scholarly Communication & Publishing

"DOA at the online ramp (threats to fair use)," by Leah Theriault. In Publishing and the Law (Haworth Press), 2000: 61-88.

"Fair use: a double-edged sword," by Sanford G Thatcher. Journal of Scholarly Publishing 32, no. 1 (Oct. 2000): 3-8.

"From the Other Side of the Street--A Farewell to Fair Use?" by Thomas Bacher. Against the Grain 12, no. 3 (June 2000) p. 84-86.

"Licensing, Copyright, and Fair Use: the Thesauron Project (Toward an ASCAP for Academics) (Virtual Library of Unpublished Scholarly Papers and Reports)," by Jane C. Ginsburg. In Technology and Scholarly Communication (University of California Press, 1999): 337-346.

Compiled and edited by Laura Reiner
December 2001