Peter Brantley has a really thought-provoking piece on his blog entitled Shrinking Books, Shrinking Fair Use, in which he wonders (via Scott Walker at UIUC) how Fair Use (and Fair Dealing) will work when content routinely becomes unbundled. The rule of thumb for a book, for instance, is that you can use 10% or a chapter under Fair Use. But what if there IS no "book"? What if the content is sold as a single paper? Can you only use 10% of that?
I almost responded that no, it'd be like in a journal, where you can use one of the articles no problem, but again, what if there was no journal issue in which the article was originally published? Good questions, and surprisingly, nobody chiming in on the comments...