In mid-July Siva Vaidhyanathan and Peter Hirtle discussed through blogging the question of whether an author (Siva Vaidhyanathan) could grant permission for one of his chapters to be copied for use in a lecture. The discussion was really interesting. Here is the blog references.
Here is the original comments by Siva Vaidhyanathan: http://www.nyu.edu/classes/siva/2004/07/fair-use-in-inaction.html
He suggests that the professor who requested the permission should have not requested it and just assumed fair use. The library seemed to have a problem with this. Siva reponds. It's worth the read.
Here is the link to Peter's comments at Librarylaw blog: http://blog.librarylaw.com/librarylaw/2004/07/copyfight_fair_.html
Peter, an archivist, chimmed in. He, like Siva, analyzes the four factors.
This discussion was also picked up at Copyfight entitled "Fair Use It or Lose It" - Posted by Donna Wentworth on July 7, 2004. http://www.corante.com/copyfight/archives/004834.html
What I am wondering is what about the teaching guidelines that we have all seen for so long (not law, of course, but guidelines) that include a chapter as a reasonable amount to copy. Isn't this what we are doing in the classroom and what libraries are doing when they will only copy one chapter for you? How does this fit within the discussion? These guidelines do not use the four-factor test but give exact amounts you can use.