Sam Trosow dissects the two latest CMEC copyright bulletins.
Trosow on CMEC
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What he ignores is that CCH is a poorly-phrased decision that raises as many and maybe more questions than it resolves. And there is an argument for saying that if a professor directs the entire class to an article then even if each makes a single copy, there is still multiple copying on a scale that clearly isn’t a fair dealing and probably isn’t for a fair dealing purpose. The point about publicly available material is a bit stronger. Probably publishers will now take care to lock down content to safeguard against falling inside the proposed new exception, or to be very clear in the permitted uses through new copyright notices.