If fair use exists in the electronic environment, what is the role for a collective licensing arrangement such as that currently provided by the Copyright Clearance Center?
Presently, the CCC is unable to provide electronic copies of print or electronic materials or to give permission to digitize print materials. Publishers seem inclined to license users directly. Theoretically, however, electronic permissions would work like photocopy permissions: for a fee, you would receive permission or an electronic copy or a link to an electronic copy. Just as we currently do for print copies, you would only request permission or pay for an electronic copy if your proposed use was not a fair use. Realistically, though, if publishers site license access to their works, the license fee could accommodate fair use by discounting off the regular (non-educational) price. It is unclear at this time how this is going to turn out.
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