Steve engaged in some dialog about the use and limitations of Fair Use. It was pointed out the Fair Use is a US doctrine, but although this is true, there is a related doctrine in the Commonwealth referred to as Fair Dealing 1, which might also be a good starting point. The Teach Act was also raised and clarification was provided about its strengths and limitations. In the end, the idea of creating some documentation about best practice was raised as a sound method to develop clarity on the use of Fair Use, Guidance for the Courts, and preservation of the doctrine itself.
I think that it is worth pointing out that the last posts, Fair Use as a Complement to Open Licensing and Coase's University: Open Source, Economics, and Higher Education, have resulted in recommendations for projects designed to provide clarity of practitioners. I believe that Fair Use, in the case of Steve Foerster's posting, and Commons Based Peer Production (CBPP), in the case of Michael Feldstein's posting are both potentially important enablers for teachers and more generally for education organizations. It is my hope that projects are pursued.
Thanks again to Steve for his interesting and insightful post and responses, and Wayne for making this a great exchange, and other folks who have been reading along. Please join in again on November 28th when Leigh Blackall outlines the steps that Otago Polytechnic has taken in developing new capacity with Open Educational Resources, as well as some of the challenges being faced, and the vision for their future. The schedule for the series can be found on WikiEducator 2.
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