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Record W2026217450 · doi:10.3138/jsp.32.1.3

Fair Use: A Double-Edged Sword

2000· article· en· W2026217450 on OpenAlexvenueno aff
Sanford G. Thatcher

Bibliographic record

VenueJournal of Scholarly Publishing · 2000
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsnot available
Fundersnot available
KeywordsSWORDFair usePublicationAssertionPublishingMandateLaw and economicsFair dealingLawIntellectual propertyPolitical scienceSociologyPublic relationsComputer scienceGood faith

Abstract

fetched live from OpenAlex

Exploring the definition of ‘fair use’ as a facet of copyright law in the United States, Sanford Thatcher examines the inherent tension caused by this legal notion in scholarly publishing, particularly in the new electronic era. Libraries, and, by extension, universities, increasingly advocate a stronger assertion of fair use in higher education to cope with diminishing funds. University presses, in contrast, view broader definitions of fair use as a threat to the already decreasing market potential for scholarly monographs, despite recognizing that their interests are closer to the aims of higher education than they are to the aims of commercial publishers. As an example of this double-edged sword, Thatcher discusses photocopying and electronic journals and their economic and legal effects on publishers. Without due consideration of university presses and their mandate to publish scholarly research, aggressive fair use will constrain those publishers and adversely affect the careers of the authors fair use is designed to assist.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.044
metaresearch head score (Gemma)0.065
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesScholarly communication
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: Commentary
Teacher disagreement score0.964
Threshold uncertainty score0.232

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0440.065
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0030.003
Science and technology studies0.0140.168
Scholarly communication0.0360.043
Open science0.0040.021
Research integrity0.0220.023
Insufficient payload (model declined to judge)0.0040.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.058
GPT teacher head0.228
Teacher spread0.170 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

Study designNot applicable
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2000
Admission routes1
Has abstractyes

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