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Re: Is this use fair?



Kristy Higby wrote:
> I teach studio art at the high school level and am in the process of =
> addidng  bookarts to our curriculum. The internet is a wonderful source =
> for examples of contemporary work. It's very easy to put together a slide =
> show of jpeg images and have them available for easy reference. I always =
> include whatever information is available with each image and certainly =
> the artist's name. I've included Eric's opinion (thanks, Eric) on this =
> practice and would like to hear from others.

Well, I'm no expert either, but I did subscribe to an on-line tutorial on
copyright several months ago, and I've copied for you (below) the "lesson"
on fair use and the internet.

Hope that helps, Kristy (and hope it's not too long or off-topic, Peter)!

Ron :)

>Date:         Fri, 6 Nov 1998 12:41:55 -0500
>From:         Copyright Tutorial <copyinfo@INDIANA.EDU>
>Subject:      [COPYRIGHT-ONLINE-L] No.28: Fair Use & the Internet
>To:           COPYRIGHT-ONLINE-L@LISTSERV.IUPUI.EDU
>
>----------------------------------------------------------------------
>INDIANA UNIVERSITY
>ONLINE COPYRIGHT TUTORIAL
>
>Message 28 (Version 98-2)
>
>November 6, 1998
>----------------------------------------------------------------------
>An Educational Service of the Indiana University
>Copyright Management Center
>
>Kenneth D. Crews
>Associate Professor and Associate Dean
>
>Copyright 1998, The Trustees of Indiana University
>----------------------------------------------------------------------
>EXPERIMENTING WITH FAIR USE:
>MOVING FROM PRINT TO THE INTERNET
>----------------------------------------------------------------------
>A few lessons of fair use by now ought to be coming
>clear:  The law of fair use offers no particular boundaries
>or delineations.  The law of fair use is also far behind
>the technological realities of modern education and
>research.  We need to accept that reality.  The law
>always lags far behind technology, and fair use is
>intended to be a flexible doctrine, applicable to
>unforeseen needs and applications.
>
>The last few messages addressed copyright cases for
>print media.  We have few court rulings related to the
>Internet, and none tells much about fair use for
>educational purposes.  We are left to extrapolate from
>general principles and to apply our best judgment.
>
>Take the example of making a work available to
>students on the Web.  It might be in the context of an
>"electronic reserve" system in the library, or an individual
>faculty member creating Websites and scanning materials
>for students to access in connection with class assignments.
>
>Copyright issues arise, particularly, when one reproduces or
>"scans" protected materials in order to facilitate access
>electronically.  Other possible copyright issues include:
>making further copies as students print or download the
>material; the performance or display of those works when
>students access them at terminals; and even the possibility of
>making derivative works as we convert items from analog
>to digital format.  Discussion of the copyright issues
>surrounding digital access could fill volumes, but here are
>some major issues surrounding the possible application of
>fair use to the loading of text and other materials onto
>Websites or other electronic systems.
>
>*Purpose of the Use:  You may strengthen the argument
>that your use is for nonprofit educational purposes by
>placing password restrictions or other limitations on access
>to the system.  If access is limited to your students, you can
>more easily demonstrate educational purpose.  Your
>systems administrator should be able to provide information
>and assistance with password controls at your school or
>campus.
>
>*Nature of the Work:  We have seen that fair use generally
>favors non-fiction over fiction and other highly creative
>works.  The use of scientific or other fact-based works is
>more likely to lean in favor of fair use than would the use of
>excerpts from novels, motion pictures, or other more artistic
>or creative materials.
>
>*Amount or Substantiality of the Use:  Generally speaking,
>the shorter the excerpt that you use, the more likely it will
>be fair use.  In general, be sure that you use only those
>amounts that are important to serving your appropriate
>educational purpose.
>
>*Effect on the Market:  Limiting access to the system can
>also help reduce potential adverse effects on the market for
>selling copies of the original.  The creative options for
>lessening market effects (as well as responding to the other
>factors) are limitless.  You might limit the use to one
>semester; you might only use materials that are not easily
>available through purchase; you might select only news or
>academic works, rather than material from commercial
>monographs.
>
>You might also place a helpful notice to the student users of
>the system, either on the screen or in materials you
>distribute in class.  That notice might say something like
>this:
>
>        "These materials are made available at this site for
>        the educational purposes of students enrolled in my
>        class at XYZ University.  They are not for further
>        reproduction or transmission."
>
>Explain to your students in class that access to your site
>is limited and that they need to understand the
>importance of their showing respect for copyright.
>Abuse of copyright can lead to a loss of these
>opportunities for creative teaching in the future.
>Remember to keep in mind that fair use comes with no
>guarantees.  There is no law to delineate what is or is not
>fair use for materials on "electronic reserves" or your
>class Website.  The best we can do is a reasonable
>application of the four factors of fair use.
>
>The issues raised here are only a sample of the variables
>that may be relevant to the fair-use decision.  They are a
>place to start when making the transition to digital
>applications.
>
>For further information:
>
>Rosedale, Jeff.  Electronic Reserves Clearinghouse:
>Links and Materials on the Web.  Available at URL:
>http://www.cc.columbia.edu/~rosedale/
>
>This site includes links to numerous colleges and
>Universities that are implementing electronic reserve
>systems, and it provides links to a wealth of other sites
>that include helpful information about copyright issues.
>Some sites of special interest include those from the
>University of Wisconsin and the University of Texas.
>
>----------------------------------------------------------------------
>DISCLAIMER AND OTHER INFORMATION
>----------------------------------------------------------------------
>This Online Copyright Tutorial is a free service of the
>Indiana University Copyright Management Center.  It is not
>legal advice.  It is for information only and will not
>necessarily provide answers to the copyright issues that
>arise in any particular situation.  Moreover, it does not
>address the many legal issues, other than copyright, that
>may also apply to a given situation.  While we have taken
>reasonable steps to assure that the information in these
>messages is accurate, we give no warranty of accuracy or
>completeness.  In fact, you can be sure that the information
>presented here is far from complete.  This tutorial is meant
>to be brief and easy to read; as a result it does not reflect the
>deep and technical details of the law.  If you are seeking
>advice for your particular needs, you should consult a
>lawyer.
>
>For further information about this tutorial and upcoming
>Q&A sessions, see
>http://www.iupui.edu/it/copyinfo/online_tutorial.html.
>
>This tutorial is an educational service of the
>Indiana University Copyright Management Center.
>http://www.iupui.edu/it/copyinfo
>----------------------------------------------------------------------
>
>
>
>

Allow me to introduce my selves-> http://www.psymon.com
Art-> Every Angel Is Terrifying-> http://www.psymon.com/art/
A Letter To An Imaginary Friend-> http://www.psymon.com/letter/
Sterling Moon Specialty Coffees-> http://www.sterlingmoon.com


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