Brandon Butler, has published "Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law" in a special issue on copyright of Research Library Issues.
Here's an excerpt from the issue introduction:
In "Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law," Brandon Butler, practitionerin- residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing "the broad redistribution of unaltered, full-text documents for new purposes." Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.