As academics plunge ahead into multimedia and network arenas, the debates over what can and cannot be done has escalated and grown increasingly confusing. Over 600 sites from all sides of the copyright debate downlinked the conference and were able to participate in the row by calling in and faxing questions to the panel. The rationale of the classroom is being overridden by the logic of the marketplace. Rule of Reason Because there are no hard and fast rules written into the fair use provision, there is room for legal interpretation. This has been a bane on both sides of the debate for those who would rather have rules and regulations spelled out.
Fuzzy boundaries make a lot of people very uncomfortable.
It takes guts on the part of educators to test the boundaries, especially in a litigious climate and so, the guidelines. But part of the real genius of the Copyright Act is its deliberate vagueness in defining the boundaries surrounding fair use. In other words, it depends on the situation. So, the bane is also the beauty. Hard and fast rules can tie the hands of educators in cases where fair use would allow more freedom than guidelines.