"We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education."
This article from the Southern California Law Review highlights the importance of the preservation of fair use rights in the educational realm. Silverberg describes the changes to the fair use landscape in the past few decades, and then highlights how these changes specifically affect academia. Current “safe harbors” for academic fair use are critiqued as being overly restrictive, and the author urges the court to take a less restrictive view on fair use claims, in order to increase academic discourse.
University of Maryland, University College, has developed a series of resources to help educators determine their ability to claim fair use in an academic setting. This document outlines the basics of copyright and fair use and included a sample letter that can be used by academics or students to request permission to use copyrighted materials. To help educators make judgments on what is (or is not) Fair Use, this document includes various guidelines such as the amount of time for which a claim of fair use holds, or the percentage amount of a complete text that can be reproduced legally.
This site, run by Stanford University, is a clearinghouse for up-to-date information on copyright issues and legislation. Connected with Stanford Law School and Professor Larry Lessig, this site provides links to articles and guides detailing current copyright and fair use issues. Articles from experts commenting on recent court cases is also available. Here, visitors can also download a full version of Lessig’s latest book, Free Culture.


