As a result of a recent Sixth Circuit case, the Georgia attorney general
(who is not exactly my favorite lawyer, but that's beside the point) has
promulgated an unofficial opinion concerning fair use in the classroom.
It may be found at:
 
 
http://www.lawsch.uga.edu/legalwww/fairuseag.html
 
 
In brief, it seems to debunk a lot of the nonsense that has been thrown
at colleges by unscrupulous publishers since the now-infamous Kinko's
case of 1991.
 
Most important, from a stricly legal standpoint, is the fact that the
Court of Appeals has rejected one of the most annoying aspects of the
Kinko's decision:  namely, the use of the publishing "Guidelines"
(resulting from negotiations between the publishing industry and the
academic community prior to adoption of the 1976 Act) as a guide to
interpreting the Fair Use doctrine.  The Court said, in true Scalian
style, that had Congress wanted to adopt the Guidelines it was fully
capable of putting them in the statute; since it didn't, we cannot use
them as an extrinsic guide to construction.  This is what I've felt all
along.
 
Anyway, get your hands on this opionion, *and* the 6th Circuit case, and
bombard your deans, university general counsels, etc. about them.  It's
high time the publishers stopped doing all the talking!
 
Ken Schneyer