Excerpt of an answer to a question about copyright in archival practice (from the Archives Listserv):
Some suggestions:
Michael Les Benedict, "Historians and the Continuing
Controversy over Fair Use of Unpublished Manuscript
Materials," The American Historical Review, 91 (1986),
859-881.
Kenneth D. Crews, "Fair Use of Unpublished Works:
Burdens of Proof and the Integrity of Copyright,"
Arizona State Law Journal, 31 (1999), 2-93 (the notes
in this article are very useful)
Tomas A. Lipinski, ed., Libraries, Museums, and
Archives: Legal Issues and Ethical Challenges in the
New Information Era (Lanham, MD: Scarecrow Press,
2002). There is an article by Crews, and several
others that might be helpful.
I can add an important online resource which has disappeared from the net but is still in the Google cache: Peter Hirtle, Unpublished materials, new technologies, and copyright: facilitating scholarly use.