Re: Non-published flyers

["Laurie Urquiaga" <Urquiagal@xxxxxxxxxxxxxxx>]

I believe that educational uses can be authorized beyond what a simple amount
of material analysis might suggest.

Have you done any kind of internet searching for the material?  You might be
surprised what you find.

Can the instructor give you any idea where he got the material?  If at a
conference or workshop, contacting the forum might give you a lead.

I would not take the instructor's word that the material cannot be traced.

However, should a search show that the material cannot be traced, I might
still authorize it for restricted electronic reserve (with access limited to
class members) and include a click-on acknowledgement that the material is not
to be further reproduced.  I would document the effort to find the author.  I
would also add a note on the page itself stating that the author is unknown
despite location efforts and that the school is prepared to negotiate
royalties to the person who can prove creative ownership of the flyer.

All of this would be, of coursed, contingent upon the written assertion of the
professor that the material is important enough to the content of the course
to make it worthwhile.


Laureen C. Urquiaga
Associate Director for Access Services
Law School Copyright Coordinator

urquiagal@xxxxxxxxxxxxxxx


>>> Steve Bustamante <Steve.Bustamante@xxxxxxxxx> 10/28/02 2:53:59 PM >>>
Hello all,

One of our instructors came in with a questionable item for electronic
course reserve.  It's a creative, social commentary piece that includes
original text and drawings.  The instructor said that there is no way to
trace this back to the artist.  My initial response was that we could not
claim fair use considering the following: 1. The work is being reproduced in
full. 2. We have no way to contact the artist.  3.  The work is a completely
creative piece.  We also have no way of asking for permission.  He has no
name, or contact information.

Any guidance pointing to documentation would be greatly appreciated.

Thank you,

Steve