RE: educational fair use

["Paul Cary" <PCary@xxxxxx>]

As the one who used the term "educational exemption", I'll chime in again.  First off, I should perhaps have chosen other words.  I did not mean to convey a blanket exemption for all educational uses, which is certainly not the case.  Basically, educational fair use is based on the fair use guidelines stated in this forum by another list member.  There are, however, guidelines for educators in interpreting fair use.  These can be found in Circular 21 from the Copyright Office, which is available at http://www.copyright.gov/circs/circ21.pdf.  Remember that these are guidelines only, not law, but adherence to them should bolster considerably a case for fair use.  If these are out-of-date or superceded, please let us know.

Some excerpts from Section C of that document:

II. Multiple Copies for Classroom Use
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 copying meets the tests of brevity and
spontaneity as defined below; and,
B. Meets the cumulative effect test as defined below;
and,
C. Each copy includes a notice of copyright
Definitions

Brevity
<deletion of poetry guidelines>
(ii) Prose: (a) Either a complete article, story or essay
of less than 2,500 words, or (b) an excerpt from
any prose work of not more than 1,000 words or 10%
of the work, whichever is less, but in any event a minimum
of 500 words.
and current news sections of other periodicals.]
<deletion>
Spontaneity
(i) The copying is at the instance and inspiration of
the individual teacher, and
(ii) 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.
<deletion>
Cumulative Effect
(i) The copying of the material is for only one
course in the school in which the copies are made.
(ii) Not more than one short poem, article, story,
essay or two excerpts may be copied from the same
author, nor more than three from the same collective
work or periodical volume during one class term.
(iii) There shall not be more than nine instances of
such multiple copying for one course during one class
term.
[The limitations stated in "ii" and "iii" above shall
not apply to current news periodicals and newspapers
and current news sections of other periodicals.]

Paul Cary
Director, Jones Music Library
Baldwin-Wallace College
275 Eastland Rd.
Berea, OH 44017
440-826-8074
pcary@xxxxxx


> -----Original Message-----
> From: JAYLENE SARRACINO [mailto:sarwright@xxxxxxx]
> Sent: Thursday, September 12, 2002 5:49 PM
> To: digital-copyright-digest-help@xxxxxxxxxxxxxx;
> digital-copyright@xxxxxxxxxxxxxx
> Subject: Re: digital-copyright Digest 12 Sep 2002 15:00:01 -0000 Issue
> 67
> 
> 
> 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
>