Fair use and Copyright law in Higher Education

Executive Summary

The paper discuss about Copyright Law and fair doctrine use in Higher Education and its impact. It focuses on copyright in higher education and the cost of scholarly publication. It states that academic tenure is often conditional upon publication of articles in high-impact publications. The originality of the fair use doctrine in relation to the comparable is the absence of clear limits to entitlements: while other countries define quite precisely what is allowed the right of the United States gives only criteria (factors) that courts must assess and weigh in deciding whether a use is actually fair. It mentions that under U.S. copyright law, the work-made-for-hire doctrine has the employer owning copyright in said work and comments that universities often cede copyright to professors, who in turn cede it to journals. It talks about open access publication and the need to reform tenure. It is true that there is a collective right to education and culture, but this right does not overlap the Copyright Law. There is a public interest in access to education, research and culture; the constitutions of many countries enshrine this interest as a fundamental right. But this runs counter to the right with the other, as for example, the right to health or education, raised to the fundamental condition, never force the doctor or teacher someone attend for free. Copyright law is a particularly complex issue for the students themselves, who often face this for the first time.

Fair use and Copyright law in Higher Education

Introduction

The fair use doctrine basically provides guidelines for which the educators, researchers and scholars might use the copyright works without taking permission or even paying up the penalties. The originality of the fair use doctrine in relation to the comparable is the absence of clear limits to entitlements: while other countries define quite precisely what is allowed the right of the United States gives only criteria (factors) that courts must assess and weigh in deciding whether a use is actually fair. Therefore, the fair use tends to cover more uses than permitted in other systems, but at the cost of greater legal risk. The fair use doctrine does not provides the right for using somebody else work, however they present the defense against the accusation for the copyright violation for the people who are reasonably believing that their use for the copyrighted work was a fair use. It means that if a person use is challenges, then the other one have the burden for providing that they are being qualified as the “fair use”.

In general the copyright rule, the owner of the copyright has the legal right for restricting the reproduction of the copyrighted work and it demands the royalties when the copyrighted work is actually reproduced. Thus, the penalties for the unauthorized reproduction for the copyright work can be substantial. This makes the sense for having a better idea of whether or not one can defensibly copy the part or all ...