Exemptions and fair use in copyright : the exclusive rights tensions in the 1976 Copyright act

After decades of professional dissatisfaction and legislative debate, the Congress in 1976 passed a new copyright act to replace the Copyright Act of 1909. In this book, the author focuses upon the meaning of the "exclusive rights" Constitutional language where writers are concerned, and from his analysis, shows how, when copies of an author's work are made under either the fair-use doctrine or a special exemption for library reproduction of copyrighted works, the 1976 Act has failed to solve old problems and has introduced troublesome new ones. A principal contribution of the book is its analysis of the theoretical foundations of copyright and the establishment of a conceptually coherent framework for the continuing debate on the appropriate limits of copyright protection. Of obvious value to the Copyright Bar and the judiciary, it is also a book that authors, literary agents, and publishers will find they need. Title Preface Contents Introduction 1. The Nature of the Copyright Scheme 2. The Elements of Fair Use 3. Exemptions from Copyright 4. The Photocopying Adjustments in Copyright Scheme Dynamics 5. A Functional Approach to Statutory Adjustments in the Copyright Scheme Appendix A: Copyright Act of 1976 Appendix B: Committee Reports on Section 107, Fair Use Appendix C: Committee Reports on Section 108, Reproduction by Libraries and Archives Appendix D: 1965 Supplementary Report of the Register of Copyrights Appendix E: 1935 Gentlemen's Agreement Cases Cited Index