Re: Copyright question

["Charles P. Wiggins" <cpwiggins@xxxxxxxxxxxxxx>]

Ms. Barrera,

I browsed the site that you gave as an example and I cannot find any examples
that I believe would constitute a violation of copyright on ACEF's part.  All
of the resources I looked at were either hosted on other sites (which
presumably have permission to republish) or were produced by ACEF. So far,
from everything I have read, the courts have rarely considered linking to
material on another site, in and of itself, a violation of copyright. The few
cases where the courts did consider it a violation involved "deep linking" on
commercial sites to bypass advertising, etc.  That does not seem to be the
case here.

However, if we were to assume that the site was, in fact, hosting the material
in question, I do not believe that Fair Use or any other exception to
copyright would apply. If they are posting works in their entirety for
indefinite periods of time, they need permission. I'm not an expert on
copyright, but I do know that much.

Cheers,
Charles


Charles P. Wiggins
Director of Library Services
Isothermal Community College
P.O. Box 804
Spindale, NC 28160
828-286-3636 ext. 216

cpwiggins@xxxxxxxxxxxxxx



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>>> "Barrera, Ms. Jennifer" <BARRERA@xxxxxxxxxxxx> 3/30/2011 3:27 PM >>>
Does an educational clearinghouse, http://www.acefacilities.org/ have any
fair
use or other avenues when wanting to post materials online, open to the
public
for an indefinite amount of time? My thinking is that they need to obtain
copyright permission to post on the open web.
What if it is research-based materials?

Advice??

Jennifer Barrera
Access Services Librarian
Dick Smith Library
Tarleton State University
Stephenville, TX 76402
(254)968-9248