Subject: RE: Using Legislative "Classroom" Guidelines as Guideline for Fair Use for Posting Copies on Open Web Sites From: "Mackellar, Laurie A \(Elizabethtown\)" <laurie.mackellar@xxxxxxxxx> Date: Thu, 5 Apr 2007 16:31:23 -0400 |
There is no question in my mind that using the Classroom Guidelines as a guide for non-protected web sites would be courting trouble. Using them for password-protected course sites should be OK, although my understanding is that this has not been tested in court. Laurie MacKellar Public Services Librarian Elizabethtown Community and Technical College Library 270.706.8439 ________________________________ From: Lindsey, S Marc [mailto:lindseym@xxxxxxx] Sent: Thu 4/5/2007 3:10 PM To: digital-copyright@xxxxxxxxxxxxxx Subject: Using Legislative "Classroom" Guidelines as Guideline for Fair Use for Posting Copies on Open Web Sites To anyone on the list serve: Here's an intriguing issue I'm looking into: A university proposes posting guidelines on the campus web site for fair use. They suggest (or imply) using the 1976 "Classroom Guidelines" for posting copies of works on open (no password or other copyright protection) web sites. Classroom Guidelines were intended for making copies of printed works for the class room and not considered as law. Back in 1976, there could never have been any intention to apply these guidelines to electronic publishing. Under these guidelines, it would entail limiting copies to, * A chapter from a book; * An article from a periodical or newspaper; * A short story, short essay or short poem, whether or not from a collective work; * A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper. My initial impression is that this may exceed fair use because posting an entire article, picture or cartoon on the Internet essentially publishes the work for anyone with a PC and Internet access to see. Subcribers pay for thier articles. So I don't believe that using guidelines intended for class room use of copies is a good idea. It would be particularly interesting to see the opinions of any legal counsel for a publisher. Does any one else have an opinion? Marc Lindsey
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