Rather than argue about what Fair Use means, why not look at the law itself?
http://www.copyright.gov/title17/circ92.pdf
Specifically, have a look at section 107, which reads:
� 107 �Limitations on exclusive rights:Fair use
Notwithstanding the provisions of sections 106 and 106A,the fair use of a copyrighted work,including such use by reproduction in copies or phonorecords or by any other means specified by that section,for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1)the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2)the nature of the copyrighted work;
(3)the amount and substantiality of the portion used in relation to the copyrighted work as a whole;and
(4)the effect of the use upon the potential market for or value of the copyrighted work
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Nowhere is a figure of 10% given. One could run foul of the law using a lot less, or get a way with a lot more than 10% of the material. Note also that there are no firm, objective lines drawn in the sand. That's what courts are for.
Oh, and by the way, a professor making copies of a particular article in a journal for classroom use is considered fair use. Copying the whole journal is not.
Carl "IANALNDIPOOTI" Gustafson
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