Here's the opening from the paper. I'll add other segments over the next couple of weeks as I see how this goes.
Many perceive fair use as less “useful” today than it was in the past. Publishers deem reliance on it as too risky. All it stands for is a right to litigate the question of whether the use is fair. To be safe, one must ask for permission even if the use might well be fair. Ultimately, the “permission culture” actually diminishes the value of fair use, though no change has taken place in the wording of the statute.
Some creators are resisting this trend, urging within their industries a return to reasonable reliance on fair use. And educators and librarians who encourage access to and creative use of the works of others in general understand the importance of fair use and want to maintain its scope. Of course they can and do defend fair use in many fora, but in the courts, fair use seems to be losing ground in certain contexts. What’s happening to fair use, and what can be done to turn things around?
First, it is necessary to distinguish different functions for fair use, because all fair uses are not uniformly in trouble. Creative fair uses, those that use another author’s expression in a critique, a parody, artistic expression or news reporting and similar uses that build upon existing works in new ways, can be threatened by the general trend towards expanded owners’ rights, but these types of uses still receive solid support from the courts today. As the references cited in footnote two indicate, many scholars vigorously defend this transformational aspect of fair use. And as cited in footnote one, at least one entire industry is advancing the notion that permission for every creative use actually works against the creation of new works. Fair use for creative, transformational uses is not faring so badly then.On the other hand, uses that reproduce an author’s work in order to make an exact copy, perhaps to conveniently use that copy at a later time or in another format or to give the copy to others (I will refer to these copies as “iterative uses”) are under relentless attack. Few seem eager to defend these uses in court anymore after a series of high-profile courtroom defeats. This article focuses on these iterative uses, not on creative, transformational uses. In particular, it focuses on the digital distribution of educational materials to students through course management systems and library electronic reserves (“Electronic Distribution”). Only at its end does the article consider whether threats to iterative fair uses may affect creative expression that relies on core fair use. The reader is urged to keep the distinction between iterative uses and core creative, transformational uses in mind throughout the article.
 Cite to Fair Use Principles for Documentary Filmmaking and
 See Illegal Art, www.illegal-art.org; Siva Vaidhyanathan, Copyrights and Copywrongs, The Rise of Intellectual Property and How It Threatens Creativity, New York University Press 2001; Lawrence Lessig, Free Culture, How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, The Penguin Press 2004; Jessica Litman, Digital Copyright, Prometheus Books 2001; James Boyle, Software, Shamans and Spleens, Law and the Construction of the Information Society, Harvard University Press 1996; Eldred v. Ashcroft, 537 U.S. 186 (2003) affirming Congress’s power to lengthen copyright terms by 20 years retrospectively.
 Campbell v. Acuff-Rose Music, Inc., 510
 Basic Books, Inc. v. Kinko's Graphics Corporation, 758 F. Supp. 1522 (S.D. N.Y. 1991) (commercial coursepacks); American Geophysical Union v. Texaco, Inc., 60 F.3d (2d Cir. 1995) (Texaco’s research copies); Princeton University Press v. Michigan Document Services, Inc., 99 F.3d 1381 (6th Cir. 1996) (en banc) (commercial coursepacks).