There are plenty of places to check for copyright and fair use info. Here's one very good one I bookmarked some time ago:

http://www4.law.cornell.edu/uscode/

Quoting from the U.S. Code, Title 17, Chapter 1, Section 107:

“Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

It seems to me that characterizing the above paragraph as nebulous is unfair.  It's quite specific.  The nebulosity comes from the many organizations which have tried to extend the fair use doctrines to uses which they determine are analagous and, therefore, acceptable.   

If you want to challenge copyright law and current definitions of fair use, please get the support of your board, line up relevant professional organizations, hire lawyers and go for it.  Alternately, write your elected representatives and senators in D.C.  

It does not matter how much advice you solicit from colleagues, and listservs or how unfair you find the Code's treatment of museum.  Fair use is a really double-edged sword for museums because for every argument for fair use from smaller institutions or underfunded departments, there seems to be an equal and opposite pull from other places in the museum world with items that need protection from unauthorized or uncompensated use by others.   

Judy Turner
Whitefish Bay, WI

Quoting an earlier message: 

> the completely nebulous "fair use" clause being the big
> one


      

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