Tuesday, May 15, 2018
Billah and Albarashdi on Fair or Free Use of Copyrighted Materials in Education and Research and the Limit of Such Use
Muhammad Masum Billah and Saleh Albarashdi, both of Sultan Qaboos University, have published Fair or Free Use of Copyrighted Materials in Education and Research and the Limit of Such Use at 17 Chicago-Kent Journal of Intellectual Property 422 (2018). Here is the abstract.
The concept of fair use, fair dealing, or free use of copyrighted works for education and research is incorporated in copyright laws around the world. This is to strike a balance between the private interests of copyright holders and the public interests of students and researchers to use the copyrighted materials in furthering their knowledge. While fair and free use of copyrighted materials for the purpose of study and research is favored and permitted under copyright laws almost everywhere in the world, the limit of such use is not clearly defined in these laws. This Article will attempt to determine the permissible limit for copying copyrighted materials without paying fees to or asking permission from copyright holders in light of the existing legal provisions and case law from around the world. To do so, this Article will first analyze the national and international legal provisions related to copyright exception for education and research. The Article will then analyze various conditions and factors and their relative importance to determine generally how much copying of copyrighted materials for education and research would be allowed without permission or license fees. While this Article concludes that it is impossible to clearly define the precise permissible limit of fair and free use, this Article recommends for a liberal interpretation of fair and free use exception especially when such use is for education and research.
Download the article from SSRN at the link.