ABSTRACT
This chapter examines the ramifications of legislative recognition of the concept of fair use in the Copyright Act of 1976. Under the banner of rights of fair use granted under Section 107 of the 1976 Copyright legislation, the librarian would presume to be the unique interpreter of such legislation-and in so doing, thoroughly subvert the consensual aims of the legislation to begin with. The chapter addresses that fair use within the parameters of fair return, and to do so by noting that the right to universal access to information is protected as are the proprietary claims of authors, publishers, and citizens. Economic analyses have concluded that publishers suffer no economic hardships as a consequence of photocopying exemptions—that they are still receiving an "adequate return"—whatever that means. Congress could not foresee the rapid explosion of the body of scholarly knowledge coupled with the need for sophisticated technology to control and manage that body of literature.
