Fair use is shaped, in part, by the practice of the professional communities that employ it
This is a key concept which has been completely lost on educators. If you've got an inherently interpretive area of law where you're balancing the rights of different groups of actors, like copyright holders trying to extract the maximum rent from their property and educators seeking to maintain and expand the scope of their own fair use, then you expect those sides to at least assert their positions. In this case, however, we've got the copyright holders aggressively pushing their case in every possible direction and... librarians and educators also pushing the copyright holders' case. It is a kind of false consciousness, and I'm very happy to see cracks finally forming in the dam.
Now, we just need some people to help ed tech people do the same thing for CIPA and the Federal Rules for Civil Procedure.
I recommend you follow the work coming out of the Media Lab at Temple. http://www.mediaeducationlab.com/index.php?page=265 it is sure to shake things up a bit!
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