Been reading the fair use discussion for last week.
I am working on paper for Western Academy meeting in April on Fair Use
and the Professor.  Three university systems have coordinated a work
group on Ownership, Legal Rights of Use and Fair Use.  Systems are Cal
State (CSU), State U of New York (SUNY), and City U of New York
(CUNY).  They call for colleges, universities, professional
associations, govt agencies, et al to provide initiatives on expanding
fair use for teaching, learning, and scholarship.  Much concern of
course with use of newer technologies for advancing knowledge.  They
published addresses:
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As a reactionary person, I advise against jumping onto the fair use
bandwagon to solve all perceived copyright problems.  Always consider
first whether what has been copied is protected by copyright in the
first place.  Often one need not throw the issue to a court that may
not want to expand the boundaries of fair use.  One doesn't need fair
use if the material copied is not copyrightable.
 
Deborah Kemp
Cal State Univ, Fresno