>>Copyright >> Fair Use The American Historical Association 400 A Street S.E. WASHINGTON, DC 20003 202-544-2422 April 17, 1997 Peter N. Fowler Attorney Advisor Office of Legislative and International Affairs US Patent & Trademark Office Box 4 Washington DC 20231 Dear Mr. Fowler: On behalf of the Research Division of the American Historical Association, I am writing to comment on the Conference on Fair Use (CONFU) proposed guidelines. The American Historical Association has been following with great interest the work of CONFU and appreciates their attempts to tackle some very difficult issues.   For the following reasons, the American Historical Association has decided not to endorse any of the three proposed guidelines. First, in light of how quickly the technology is changing in the area of scholarly use of the electronic environment, we contend that the situation is too fluid to try to write guidelines. The conditions that kindled the perceived need for these guidelines may well be outdated in a very short time. Second, the very detailed nature of these guidelines tends to make them more restrictive than we believe they need to be. In setting precise amounts, these amounts become the maximum rather than the minimum use. thus the tone of the guidelines is one that would narrow and limit use. Third, the emergence of increased telecommunications capabilities for both research and teaching is resulting in an impressive array of new experiments. Our fear is that these guidelines will cut off some very exciting experimentation.   While we believe that the deliberations of CONFU have been very valuable, we are not prepared at this time to endorse the proposed guidelines. Sincerely,   Stanley N. Katz Vice President Research Division   snk:sd   The American Historical Association (AHA) is a nonprofit membership organization founded in 1884 and incorporated by Congress in 1889 for the promotion of historical studies, the collection and preservation of historical documents and artifacts, and the dissemination of historical research. As the largest historical society in the United States, the AHA serves as the umbrella organization for historians. In this role, it conducts an active scholarly and professional program for historians interested in every period and geographical area. Among its 15,000 members are faculty at secondary schools and two- and four-year colleges and universities, independent historians, and historians in museums, historical organizations, libraries and archives, government, and other areas.