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Date: | Sat, 1 Apr 2006 22:57:53 -0500 |
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The 1976 Copyright Act states the rights of copyright holders in great
detail, and despite their complexity, the rules as to the rights of
copyright holders can be reduced to one: The holder of the copyright
has the exclusive right to sell copies of the work to the public, to
perform the work publicly, or to display the work publicly, depending
upon the type of work. That is, the copyright holder's right is
essentially a monopoly for marketing the work.
But, the fair use statute exception states in plain language that
"multiple copies for classroom use" and copying for scholarship and
research are exemplars of fair use. The rule of thumb for copying for
these purposes, then, can be stated as follows: Does the copying
interfere with the selling of the work in the marketplace? To put the
point another way: Is the copying a substitute for purchasing a work
that is readily available? If the answer is no, the presumption is that
educational use is a use of the work, which is always a fair use
consistent with the constitutional purpose of copyright, the promotion
of knowledge and learning.
(Taken from a statement by the Office of Legal Affairs at the
University of Georgia -- for educational purposes of course!)
Also see Circular 21, provided by the U.S. Copyright Office
(lcWeb.loc.gov/copyright/circs/circ21.pdf ). Publishers and the
academic community have established a set of educational fair use
guidelines to provide "greater certainty and protection for educators."
While the guidelines are not part of the federal Copyright Act, they
are recognized by the Copyright Office and by judges as minimum
standards for fair use in education. A professor or student following
the guidelines can feel comfortable that a use falling within these
guidelines is a permissible fair use and not an infringement. Many
judges look to these guidelines when making related fair use
determinations.
Jill Bennett Gaieski, Esq.
Graduate Studies
Historical Archaeology
University of Pennsylvania
Philadelphia
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