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Record W2026217450 · doi:10.3138/jsp.32.1.3

Fair Use: A Double-Edged Sword

2000· article· en· W2026217450 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

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.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScholarly communication, Insufficient payload (model declined to judge)
Consensus categoriesScholarly communication
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.302
Threshold uncertainty score0.987

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0000.000
Scholarly communication0.0850.287
Open science0.0010.000
Research integrity0.0000.002
Insufficient payload (model declined to judge)0.0130.001

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