From: tweek@ccnet.com (The R R M Tweek)

Subject: Re: Copy right (Was Re: Netcom)
Date: 1 May 1995 19:38:30 -0700
Organization: O.A.P.C.E. Organization Against Politically Correct Etiquette
References: <3nr732$q9l@ccnet3.ccnet.com>
<3ntg6c$ig0@senator-bedfellow.mit.edu>

<3o3kc4$gth@gazette.bcm.tmc.edu>

sderby@crick.ssctr.bcm.tmc.edu (Stuart P. Derby) writes:
>
> That is a grossly erroneous simplification of "fair use". Fair use
>determination is based on the *balancing* of factors, including the
>4 factors enumerated in Section 107 of the Copyright act. Commercial
>fair use takes place all the time, as when a reviewer in a for-profit
>magazine quotes a line of a play. In that circumstance, quoting a whole
>scene would almost certainly not be fair use, while an educator reprinting
>a whole scene for a class handout might be allowable.

I don't know how recent your experiences with an "educator" reprinting
a section/scene are. I remember about 15 years ago, educators felt
that they were exempt from copyright in many cases... about 12 or
so years ago, I recall that there was a major change in the way the
act was interpreted and for the most part, even a chapter in whole
form did not fall under fair use (I thing there might have been a
different interpretation for private colleges VS. public too)... I
recall that this caused a major problem when I was working in the
Educational Media Services back in 1981-82, even with the PBS shows
being used in the classroom... Unfortunately, all of us in the EMS
were all techies and other than being located in the library, had little
to do with the Dewey side of things. (ie: we weren't librarians)... and
besides... Things change a heck of a lot in 15 years... I'm pure techie
now and nowhere near a library... I can however offer some WWW URLs which
might lead you to more information...

[these are in a clipped bookmark format... fix the line wraps and your
browser should be able to use them]

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  1. CCC Copyright Information

  2. The Internet Public Library

  3. Copyright and Intellectual Property Resources


  4. Copyright Office Information


  5. Report of the AAU Task Force on Intellectual Property Rights in an

  6. Fair Use

  7. The Intellectual Freedom Manual

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