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Breaking news: Safe harbor textbook copying percentages for copyright fair use defense

Posted by christopher on May 14, 2012

“Instead, the court fashioned its own quantitative test. For books of nine or fewer chapters, the court set a threshold of 10% of the total page count; for books of ten chapters or more, the threshold was a single complete chapter. (The chapter-based rule creates an odd incentive for publishers to create books with a surfeit of tiny chapters.) Copying of any amount under this threshold, the court held, would be treated as “decidedly small.” In practical terms, this ended up being a one-sided bright-line rule: copying of less than 10% or one chapter always ended in a fair use win for Georgia State.”

Cambridge University Press v. Becker

SEE MY PREVIOUS POST CAMBRIDGE NIL GEORGIA STATE NIL A COPYRIGHT DARBY ANALYSIS

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