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Nadler Cites Complexity of Fair Use for Educational Purposes, at IP Subcommittee Hearing

Copyright law specifically identifies “educational uses as being potentially being considered fair use,” said House Judiciary Chairman Bob Goodlatte, R-Va., in remarks prepared for a House Judiciary IP Subcommittee hearing Wednesday. Although copyrighted works used for educational purposes are likely…

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to come under fair use, the “use of an entire work may, and often does, require the copyright owner to be compensated for his or her effort,” Goodlatte said. The subcommittee needs to examine the Technology, Education and Copyright Harmonization (TEACH) Act (S-487), said subcommittee ranking member Jerrold Nadler, D-N.Y., in prepared remarks. “I understand that many educators now say that the TEACH Act is extremely complex,” he said. “It is also often difficult to provide reliable guidance to teachers and educators, and this has been a major criticism of fair use law,” Nadler said. “For educational publishers, the most important copyright issue is need for greater clarity and predictability in the application of fair use to the use of copyrighted works for educational purposes -- especially in higher education,” said Allan Adler, Association of American Publishers general counsel, in prepared remarks.