We are veering close to the border of the topic here, but the question of
what we can copy with impunity is relevant to many of us who make up
educational materials for mothers, peers, hcps and others.

Kathy Dettwyler wrote this morning:

<< It is perfectly legal and ethical to make multiple copies of a copyrighted
 publication if they are going to be GIVEN AWAY FREE, one per person, for
 EDUCATIONAL PURPOSES.  If I wanted to use the Wall Street Journal article
 "Babies Dying for Milk" in a class, I could include it in a course packet
 that the students would buy for class.  Even though they have to pay for the
 packet, they are only paying for the paper and photocopying charges, I am
 not charging $1 extra per student to make a profit (that would be illegal).
 I can also make copies of James McKenna's research, or Jim Aney's packet on
 the Ezzo's, and mail it out to people who request it, or who I think need to
 read it.
  >>

Sorry, but I believe this is false under the Berne copyright convention, to
which the US is a signatory (finally) as are most other Western countries.
The Supreme Court confirmed this some years back in a case called _Kinkos v.
I-forget-who_ -- Kinko's, a US photocopying shop chain, was making up the
course packets for university teachers, and although the teacher who gave
them the selections was not making a profit, Kinko's was, on the
photocopying.

But more to the point, according the majority opinion, was that the author
was LOSING the royalty, because students who bought the packet were not
buying the book or paying for the article or whatever.   The author has
published her or his work in one licensed edition, and owns the rights to her
own work, and (especially if the only ones who are going to read it -- as is
often the case -- are academics and their students )it is theft of royalty
for one of us to "take" it and "give away" somebody else's stuff.

Kinko's now requires academics submitting course packets to get permission,
or Kinko's will write to the publisher for you for a fee -- they have a
nation-wide system for this, which pays very skimpy royalties indeed but at
least it pays some.

If you were actually making a profit yourself, your damages might be greater,
or  you might be more liable to punitive damages.   But you are just as
forbidden to do it for free as you are for profit.

If the author gives permission -- as well he or she might, out of graciousnes
and a desire to be read -- then obviously its a different story, but you
gotta ask.  I believe Jim Aney has given permission for people to copy his
packet, in so far as he owns the rights (or has cleared the rights) to the
material in it.    I don't know about Dr. McKenna.

But as Roger Straus, my ex-boss and a publishing legend, like to say, "He who
sells [or gives away] what isn't his'n, is apt to go to prison."

Sorry to be a spoilsport but you can get in real trouble this way, not to
mention the distressing effect on the bottom line of the author whose work
you like well enough to take it!

Elisheva Urbas
dependent for her living on the moral rights of authors
in NYC

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