RE: Students and copyright

["Julie Conner" <j1conner@xxxxxxxxxxxxxxxx>]

Dear Asli,

To clarify what was said by the prior speaker - "academic use" of a
copyrighted source often does constitute fair use, but this is by no means
categorical.  The proposed use of a source (whether for commercial vs
educational purposes) is one of the four questions typically asked by the
courts when making a fair use analysis.  However, even if one proposes to use
a copyrighted work for "academic" purposes, it is possible that the other
prongs of the fair use analysis could take a proposed use outside of the fair
use exception.

As for your particular circumstance, you may or may not have needed to ask
permission. If you already did, and received permission, than there was no
harm done.

Should you face this situation again, there are several good fair use decision
trees available on the internet.  The one to which I most commonly refer folks
was developed by Georgia Harper (a prominent IP attorney who used to practice
at the UT, but now is on her way to adding another degree to her belt in
library science).  See
http://www.utsystem.edu/OGC/intellectualProperty/copypol2.htm.

- Julie

Julie Conner
Senior Advisor & Legal Director
UCSD Libraries
Ph:     858.534.0771
Fax:    858.534.6193
Email:  julieconner@xxxxxxxx

>>> aslihan akkar <aslihanakkar@xxxxxxxxx> 08/17/07 05:38AM >>>
Hi,

  is this statement legally qualified or is it personal? I'm only asking
cause, I was confronted with a similar situation as I wanted to reference a
table in a scientific paper and had to ask the author. I really don't know how
it should be legally handled, but I guess asking the copyright-holder is
certainly ok.

  Greetings,
  Asli

Abhishek Sharma <abhisheksharma03@xxxxxxxxxxx> wrote:
  Academic use is a universally accepted fair-use exception. For fair use
you dont need to obtain permission. Copyright is basically designed to
protect the economic right and moral right of the author. Since academic
use dont cause any economic harm, as it is not for the business, and the
work is duly acknowledged not infringing the moral right of the author,
hence there is no need to go for the permission of the author.

It is to hard to locate and communicate with the authors, hence also it
is quite fair.

Cheers

Abhishek

--------------------------------------------------------------------

From: "Roegge, Kathleen"
To:
Subject: Students and copyright
Date: Thu, 16 Aug 2007 10:36:38 -0500
>Hi,
> I recently was asked if students need to ask for copyright
>permission to use other works in their thesis. This student does
not
>intend to publish the paper only to use it to obtain their master's
>degree. They were told by their advisor to obtain permission from
>publishers to use the figures and tables in the paper prior to
>submitting it for graduate school.
>
>Kathleen Roegge
>Information Access Services Manager
>Brookens Library
>e-mail: kroeg1@xxxxxxx
>phone: 6-6618
>
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>

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