At 11:47 AM 9/16/97 -0400, Jay Lempke wrote:
>
>I hope that the teaching procedure that someone suggested may be illegal as
>a violation of copyright is actually just on the fair side of current law.
>I would like to know from someone who is really current on the law and its
>interpretation just what the situation is.
>
>As described, an instructor recommends readings to students, the students
>themselves individually copy these readings; the originals are made
>available through a departmental library collection, the copy machine
>belongs to the department, but the students pay for the copies.
>
>My understanding is that individuals, students or faculty, may individually
>copy sections of copyrighted works for study and research purposes without
>incurring royalty fees. Clearly a department has the right to hold the
>originals in its collection, and an instructor has the right to issue a
>reading list.
>
Yes, many make this interpretation which I believe is incorrect. They
assume that the "fair" in "fair use" means fair to the user. What is aat
issue is what is fair to the publisher.
The following quote is from the relevant copyright law provided by my
university.
"A single copy may be made of any of the following by or for a teacher at
his or her individual request for his or her scholarly research or use in
teaching or preparation to teach a class.
A chapter from a book;
An article from a periodical or newspaper;
...
Multiple copies (not to exceed in any event more than one copy per pupil in
a course) may be made by or for the teacher giving the course for classroom
use or discussion provided that:
A. The meets the tests so brevity and spontaneity as defined below, and,
B. Meets the cumulative effects tests as defined below;"
Brevity basically requires that only a small part of a total work can be
copied, 10 percent or less than 1000 words.
Spontaneity is described as follows:
"The copying is at the instance and inspiration of the individual teacher and
The inspiration and decision to use the work and the moment of its use for
maximum teaching effectiveness are so close in time that it would be
unreasonable to expect a timely reply to a request for permission."
Faculty members can make copies for their own research and teaching
purposes, but this exemption does not extend to students.
Fair use does allow a professor who encounters a relevant article in the
middle of the course to distribute copies when it is not possible to get
permission in time to use the article effectively. You can't do this ahead
of time and include it as part of a syallabus.
There is also language in the law that makes clear that fair use could not
include a substantial amount (multiple copies from the same book) or effect
market value of book. Having students make copies of chapters rather than
buy the book, certainly will effect sales.
>What is not legal, I believe, is for the university or a private copy shop
>to make bulk copies and sell them. Perhaps even to make individual copies
>and sell them. If they are selling you a copy, it's illegal. If they are
>providing the opportunity for you to make your own copy, it's legal. If you
>pay them to make an individual copy, and they do the actual labor, we are
>in the grey area.
>
>In my university there is an agency that makes bulk copies of readings and
>sells them to students; they pay royalties through a publishers'
>consortium. There are also a couple of small private copy shops; they hold
>master copies of originals and as students come in (in theory) and request
>a copy of a particular document, they make it and charge for the copying
>(as opposed to selling a copy of the document -- which is the tricky
>distinction).
>
>Do consult your university counsel; she may squirm but not have a heart
>attack. If you are too far into the grey area, or if I'm wrong and you are
>over the line, it's not that hard to arrange for the royalties to be paid,
>and in many cases they are do not increase costs that much.
>
This would work for articles, but I doubt if book publishers are ever going
to give permission for the copying of chapters or the costs would be
prohibitive. Many textbooks are known for having certain chapters that are
particular strong. If that chapter can be copied, why would anyone buy the
book?