SC - sources (WAS: Re: V1 #352)

Decker, Terry D. TerryD at Health.State.OK.US
Sat Oct 11 20:55:30 PDT 1997


>About copying part but not all?  I think (oh boy, here we go again) my
>understanding of the "fair use" clause in the copyright statute is that
>you can make ONE copy for YOUR OWN PERSONAL RESEARCH OR EDUCATIONAL USE
>of anything, in part or in whole, and be covered by the "fair use"
>language.  I do NOT think making multiple copies for at-cost class
>handouts, even tho the instructor is not profiting, and it is an
>educational use, is within this definition. ( You can give them the
>citations and they can make their own individual fair-use copies.)

"Fair use" is a tricky issue.  It has become more restrictive than
previously because of changes to the copyright laws designed to bring
the US into compliance with International treaties.  

If a work is currently under copyright, even if it is out of print,
copying it is prohibited.  Copying sections of it for your personal
notes may be permissible, but copying sections for class handouts will
land you in court, as some instructors have found out.  Even quoting
passages for published book reviews is under question.

At present, copyright is the author's lifetime plus 50 years.  There is
a movement to make copyrights perpetual, so this mess is likely to get
worse.
>
>Also, I don't think you can have intent to "defraud by avoiding actual
>purchase" if the item you want is not commercially available from a
>publisher.  Rare book dealers (who are re-selling out-of-print items)
>and used dealers are not, I think, protected in the same way as the
>currently available titles from a publisher.

The act of copying defrauds the owner of the copyright by creating an
unauthorized copy.  The intent to copy is the intent to defraud. 

Used books are authorized copies which are being traded in a secondary
market.  There has been at least one attempt to enact legislation
requiring used book dealers to pay royalty fees on the used books they
sell.

Libraries have specific exemptions from some of the provisions of the
Copyright Law.
>
<deleted>
>
>Chimene
>
>Patricia R. Dunham - Eugene Public - 100 W 13th Ave - 97401
>patricia.r.dunham at ci.eugene.or.us - 541-984-8321
>http://204.203.17.34/library (EPL)     <<<>>>
>http://members.aol.com/gerekr/medieval.html (home)
> ----------

What do I do?  I purchase what I can.  I copy what I can not.  When I
quote a source, I always try to credit it.  And my handouts are my work,
usually written from a number of sources.

Bear
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