“Fair Use Doctrine”


“First Sale Doctrine and “Fair Use Doctrine” Clash in Digital Environment

Anyone who’s ever worked in a book-resale environment knows of the “First Sale Doctrine.”  It essentially means that once the book has been purchased it can be resold without compensating the author or publisher.  There are wrinkles to the law, but that’s essentially what it means. Digital books create a […]


“Fair Use” Discussed in “The Atlantic”

A recent article in “The Atlantic”–in relatively clear terms–discusses Fair Use doctrine, an issue I’ve broached in a number of Newsletters during the past year or so.  To say that Fair Use is complex is tantamount to implying it’s easy to split the atom in one’s basement.  The article claims […]


Hathi Lawsuit Has Far-Reaching “Fair Use” Implications

This is somewhat dated, but “Fair Use” is always an issue, and for this reason I’m presenting this material involving the Hathi lawsuit that was originally filed by the Authors Guild and abandoned last year. The Hathi lawsuit is complex and I wouldn’t expect many writers to be aware of […]