Abstract

CORDOBA MARENTES, Juan F.. The End does not Justify the Exception: Intellectual Property, Education and the U. S. Fair Use. Bol. Mex. Der. Comp. [online]. 2012, vol.45, n.134, pp.437-466. ISSN 2448-4873.

In times when raises the need of reviewing the exceptions and limitations to copyright for educational purposes, in the context of globalization and the increasing use of information technology, the doctrine of fair use has been presented as an institution that favors the free use of protected works, when such use is educational or for research. However, a detailed study of judicial precedents in this matter and the way they have interpreted the criteria of fair use in cases involving educational and research activities undermines this appreciation and, by contrast, suggests that an academic purpose, even that devoid of profit, is not sufficient to prove fair use in cases in which evidence shows an adverse effect on the market for the work, although other criteria may be interpreted in favor of whom claims fair use.

Keywords : copyright; fair use; education; exceptions and limitations.