Strong Words: The Surprising Power of “Such As” and “Include” in the Fair Use Clause

Tuesday, Oct 6, 2020

12:00pm – 1:00pm

The fair use clause of U.S. copyright law states that the use of a copyrighted work for certain purposes is not necessarily an infringement. Further, it states that four factors must be considered in determinations about infringement. Are the purposes enumerated the only potentially non-infringing purposes? Are the four listed factors the only factors that can be considered? No, thanks to the words “such as” and “include,” additional purposes can be acceptable and additional factors can be considered. These small words have great power: they create crucial wiggle room, especially for digital humanists and other digital scholars.

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