Another Fairuse Document

From Sun Nov 29 16:17:31 1998
Date: Wed, 25 Nov 1998 15:40:50 -0500
From: "P.A. Gantt" 
To: "" 
Subject: Balancing Copyright with Academic Fair Use

Here are some sources you may want to add to your
arsenal on Academic Fair Use:

	Copyright Resources for Education Online The ILTguide to Copyright

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copyright laws should be national; state laws were superceded by the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..."




	Copyright and Fair Use - Stanford University Libraries


	Copyright Issues: Multimedia and Internet Resources


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)..."


	Link Right


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..."


	Fair Use and Higher Education: Are Guidelines the Answer?

P.A. Gantt, Computer Science Technology Instructor
Electronic Media Design and Support Homepage

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