Academe, Technology, Society, and the Market: Four Frames of Reference for Copyright and Fair Use

In response to the argument against the theory that fair use exists only to fill a need that the market cannot, and in favor of the constitutional purpose of copyright law to balance between the rights of creators and the public, this paper suggests that varied and often understated uses of copyrighted materials exist in academic settings. Four "frames" of reference are introduced: Academic, Technological, Social, and Market. Court cases relevant to each frame are presented, and two scenarios involving the use of copyrighted materials are explored. As technology increases both access and control, it is important to preserve and continue the tradition of fair use in higher education and to differentiate it from other commercial uses.