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Re: scholarly communication, copyright and fair use



I think the point is that fair use is not a set of guidelines, it 
is a type of analysis of circumstances in order to arrive at an 
equitable decision. From that standpoint, it makes perfectly good 
sense to treat different types of works differently; that is 
precisely why the second fair use factor is prescribed.

Kevin L. Smith, J.D.
Scholarly Communications Officer
Perkins Library, Duke University
Durham, NC  27708
kevin.l.smith@duke.edu
http://library.duke.edu/blogs/scholcomm/