From firstname.lastname@example.org Sun Nov 29 16:17:31 1998 Date: Wed, 25 Nov 1998 15:40:50 -0500 From: "P.A. Gantt"
Reply-To: email@example.com To: "firstname.lastname@example.org" Subject: Balancing Copyright with Academic Fair Use Here are some sources you may want to add to your arsenal on Academic Fair Use: o http://www.ilt.columbia.edu/projects/copyright/ILTcopy0.html Copyright Resources for Education Online The ILTguide to Copyright Excerpt: "... 3. Essentials of fair use doctrine Fair use was initially a doctrine created by the courts in order to limit the monopolistic power of the copyright holder. The traditional view of fair use permitted unauthorized use of a copyrighted work if the desired secondary use advanced the public benefit from activities like research and teaching. Judge Pierre Leval has written, in an article published in the Harvard Law Review (March 1990): "Monopoly protection of intellectual property that impeded referential analysis and the development of new ideas out of old would strangle the creative process...the doctrine of fair use limits the scope of the copyright monopoly in furtherance of its utilitarian objective." In 1976, Congress included a fair use provision when it overhauled the federal copyright statute. At that time, Congress decided that all copyright laws should be national; state laws were superceded by the 1976 Copyright Act. Legislators also recognized that no consistent definition of fair use had been developed by the courts. While Congress then moved for the first time to incorporate fair use in the national copyright law, instead of imposing a uniform definition of fair use, it chose to provide guidelines for the application of this doctrine. This meant that fair use would continue to be interpreted in relation to the facts of each situation. According to the 1976 Copyright Act, four factors are to be considered in determining whether the use made of a work in any particular case is a fair use. These include: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and 4.the effect of the use upon the potential market for or value of the copyrighted work..." o http://arl.cni.org/scomm/copyright/uses.html FAIR USE IN THE ELECTRONIC AGE: SERVING THE PUBLIC INTEREST o http://fairuse.stanford.edu/ Copyright and Fair Use - Stanford University Libraries o http://www.utsystem.edu/OGC/IntellectualProperty/mmfruse.htm#apply Copyright Issues: Multimedia and Internet Resources Excerpt: Summary of Multimedia Fair Use Guidelines "...Students may incorporate others' works into their multimedia creations an d perform and display them for academic assignments. Faculty may incorporate others' works into their multimedia creations to create multimedia curriculum materials to teach remote classes where access and total number of students is limited; technology makes copying impossible if materials can be copied, they may only be made available remotely (by network)..." o http://www.templetons.com/brad//linkright.html Link Right Excerpt: "...Permission Note that above I'm talking about linking against the express wishes of the copyright owner. Ie. the owner put up a notice saying, "Don't link here" or asked you not to link. Without such a notice, there is a fair argument that the authors of web pages welcome links to them and give implicit permission for this to happen. The law will eventually rule on that issue, and it will not doubt revolve around what a reasonable person would assume about the intentions of the web site holder. But my guess would be that if you have an ordinary web site, and linking is not going to bypass some security, or payment system such as advertising, and there's no information anywhere about the site not wanting you to link in and no reason to believe they don't want it, linking should be very safe..." o http://www.iupui.edu/it/copyinfo/academ97.html Fair Use and Higher Education: Are Guidelines the Answer? -- P.A. Gantt, Computer Science Technology Instructor Electronic Media Design and Support Homepage http://user.icx.net/~pgantt/ To leave me a message or learn more: http://www.InsideTheWeb.com/mbs.cgi/mb222487