Well that is not what the appeals court said when they admonished her for setting a 10% or one chapter "rule" . Since that part of the decision was actually and specifically overturned and sent back it probably is not worth arguing over especially since both sides objected ( for different reasons) but the Appeals court was very clear that it considered her ruling to contain an explicit 10% one chapter rule which they rejected.
Pretty much everyone on every side agrees there is no magic percentage or amount that constitutes "fair use" which is what drives librarians ( and rights holders) crazy On Thu, Oct 1, 2015 at 5:33 PM, Shoaf,Judith P <jsh...@ufl.edu> wrote: > Jessica noted: > "not that it really matters here but pretty sure the judge in the GSU did > propose 10% as some absolute max which had the amusing result of upsetting > both sides." > > What she said was that the *10%/1 chapter of a book with more than 10 > chapters* is a "decidedly small" amount, not a maximum: > > > "Excerpts which fall within these limits are decidedly small, and > allowable as such under factor three." > > > > At one point she noted > > "the Court finds that copying two full chapters out of an eight chapter > book, exceeding 20% of the protected material, is not a decidedly small > amount. Indeed, it is a large amount." > > > > --though not "decidely large!!!" She also stressed that the 1976 Classroom > Guidelines do not give a maximum fair amount: > > > > "the purpose of the Guidelines was to state the minimum and not the > maximum standards of educational fair use." > > > > She came back several times to the idea that guidelines give a minimum, > completely safe amount, not a maximum fair amount. > > > > Judy > > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve as > an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > >
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
