Fair use for excerpts

Via Inside Higher Ed I learned about a case in which university presses brought a suit against Georgia State over fair use for excerpts in course readers and online course materials:

Her challenge, she writes, is to determine what size excerpts are “small enough” to justify fair use. Here, after reviewing a range of decisions, Evans settles on 10 percent of a book (or one chapter of a book) as an appropriate measure, allowing professors enough substance to offer students, while not effectively making a large portion of the book available.

I guess this is how sausage is made — 10 percent seems like a nice round number, let’s go with that one. By the way, that’s 10 percent including front and back matter, not 10 percent of the text.

It’s a 300+ page decision, but there has been some analysis already.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.