Re: digital-copyright Digest 12 Sep 2002 15:00:01 -0000 Issue 67

["JAYLENE SARRACINO" <sarwright@xxxxxxx>]

Dr. Stan Gardner
Wayne State College
Library Director
StGardn1@xxxxxxx wrote:  

If a faculty member downloaded the full text of an article (from a database
we subscribe to) and then e-mails it to all of his class, is that
permissible under the copyright laws?

-----------------------------
Hello, I'm new.  I am not a copyright "guru", but I have represented some clients with basic copyright issues.  I tend to specialize in trademarks.  Without knowing any more of the facts, and of course, for discussion's sake ONLY and not as legal advice, I venture that such use is permissible under the following circumstances:

1) the use was not for commercial gain;
2) the article was distributed in its original format without alteration; (meaning no cutting and pasting to create something new); and,
3) credit was given to the author (simply not altering the byline is enough)

Remember, that when in doubt, contacting the publisher or author for permission is the best strategy.

I am curious, about this "educational exemption" that someone referred to.  What is it and where can I find more information about it?   

Thanks.

Jaylene Sarracino, Esq.
Maryland, USA