Fair Use in Higher Ed: Three Lawsuits against Seven Universities Test the Limits

As of this writing, three lawsuits are pending against seven universities regarding their use of technology in the delivery of course materials and digitizing books. The heart of each case is the same. What falls under fair use and what doesn't? If the courts conclude that any of the disputed practices do not qualify as a fair use, using them in those ways will require the payment of permissions or licensing fees. For those unable to afford the additional cost, the likely alternative is to forgo their use altogether, thereby limiting the educational experience.