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Re: making my web page



At 09:16 AM 3/7/97 -0600, Rob Meyerson wrote:
>To stretch this question even further, how does the current copyright law
relate 
>to classroom-lecture slide presentations (also include oral reports at 
>professional meetings)?  I know many professors who use book illustrations and 
>drawings to emphasise the points that are being made; could this be
interpreted 
>as an illegal activity?  I wish to know, so that when I find myself presenting 
>material in a classroom setting, I can be aware of the limits involved.

----
Title 17, S. 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright. In determining whether the use
made of a work in any particular case is a fair use the factors to be
considered shall include - 

    (1) the purpose and character of the use, including whether such
    use is of a commercial nature or is for nonprofit educational
    purposes; 
    (2) the nature of the copyrighted work; 
    (3) the amount and substantiality of the portion used in relation to
    the copyrighted work as a whole; and 
    (4) the effect of the use upon the potential market for or value of
    the copyrighted work. The fact that a work is unpublished shall
    not itself bar a finding of fair use if such finding is made upon
    consideration of all the above factors.
----

   As you can see, you can use reproduced materials in teaching as it is
explicitly labelled "fair use."  HOWEVER, the four part test still applies,
which is why Kinkos got burned and now asks you for photo IDs when making
scans.  The court decided that Kinko's copying of chapters of text books,
while being done for teaching, so clearly violated #4 (and, they decided, #1
because they felt the copying was being done specifically so that people
wouldn't have to buy the entire textbook) that it wasn't "fair use."

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