On 12/12/2005 at 8:01 PM Jim Leonard wrote:
Chuck Guzis wrote:
Well, US Copyright Law and your father-in-law are
in substantial
I don't usually like disagreeing with people I admire and look up to, but
I
suggest you actually read the Fair Use clause:
Jim, as much as we'd all like to believe that Congress makes the law, it's
not strictly true. The courts do.
I've read the Fair Use Clause and also know that it's the source of
incredible bounty for copyright lawyers. The LOC has a section on Fair Use
(
http://www.copyright.gov/fls/fl102.html) which essentially says that the
scope of Fair Use has been considerably narrowed by legislation and the
courts, to the extent that the LOC states:
"The distinction between ?fair use? and infringement may be unclear and
not easily defined. There is no specific number of words, lines, or notes
that may safely be taken without permission. Acknowledging the source of
the copyrighted material does not substitute for obtaining permission."
"The safest course is always to get permission from the copyright owner
before using copyrighted material. The Copyright Office cannot give this
permission.
When it is impracticable to obtain permission, use of copyrighted material
should be avoided unless the doctrine of ?fair use? would clearly apply
to the situation. The Copyright Office can neither determine if a certain
use may be considered ?fair? nor advise on possible copyright
violations. If there is any doubt, it is advisable to consult an attorney."
Stanford has a good summary of Fair Use guidelines at
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.htm
l
As you can see, it's not as simple a matter as section 107 would seem to
imply. You can't simply use copyrighted material for educational use
without limit for educational use, for example; else why purchase textbooks
(or operating systems)? Universities have lost piles of cash and teachers,
jobs because of too-liberal interpretation of Fair Use.
The LOC has it right: Ask first.
Cheers,
Chuck