This article engages the recent Georgia State litigation regarding uses copyrighted content by teachers and seeks to place it within the larger context of the current state of affairs in education and in copyright policy making. In a recent article, Professor Peter Jaszi argued that educators need to begin to articulate the ways in which their uses are transformative in order to increase their chances of winning copyright infringement suits on the basis of fair use. While Jaszi’s point that educators need to better articulate their rights to use copyrighted content is well-taken, we argue that the appropriate audience educators should be targeting is not courts in the context of copyright infringement suits but Congress as it appears to be engaging in the initial steps of considering a comprehensive revision of the copyright statute.
Deidre A. Keller & Anjali Vats,
Centering Education in the Next Great Copyright Act: A Response to Professor Jaszi,
Duquesne Law Review
Available at: https://scholarship.law.pitt.edu/fac_articles/513