On Oct 4, 2007, at 12:02 PM, Lavolta Press wrote:
Fair use, people. Fair use.
<http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test>
The general counsel of a major university system, writing in plain
English for folks who aren't lawyers. It's directed at the faculty
in his system.
Of course, if you do want a more generic (and far more detailed)
view, you can check out the Stanford Copyright & Fair Use Center
<http://fairuse.stanford.edu/>. They've got their own explanation
of the Fair Use Test, but it's a bit more detailed:
<http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/
chapter9/9-b.html>
The problem is that many people want to take _one_ criteria, such
as "I'm not making any money from it" or "I work for an educational
institution" and assume that everything they want to do with
material they want to use is fair use. There are actually a variety
of criteria they must meet. Also, even, some people wave around
the term "fair use," as if to say, "Well it exists, so whatever I'm
doing must be fair use." Not so.
And yet you argue against generalizations with more generalizations.
Sylvia was describing (although I look to her to verify this) copying
individual photographs from sources of historical fashion for class
presentation and/or course packs. At first glance, that qualifies as
fair use.
Let's run through the tests (I'll use the UT version, it's easier to
understand) to confirm:
FACTOR 1: What is the character of the use?
It's educational, a high-ranking use under this test. It may also be
non-profit (another high-ranking use), but I don't know anything
about the institution or organization for which she's teaching this
class.
FACTOR 2: What is the nature of the work to be used?
It's probably "fact" (the material in the images isn't likely to be
original to the copyright holder on the work and may, itself, be in
the public domain even if the photograph itself isn't) and it's
published. High-ranking classifications under this test
FACTOR 3: How much of the work will you use?
A small amount, if you're qualifying the book as the work and not the
photo (which is the norm). Since #1 and #2 already point towards fair
use, even if it was claimed that the photo was the work, it may be
justifiable as fair use.
FACTOR 4: If this kind of use were widespread, what effect would it
have on the market for the original or for permissions?
"After evaluation of the first three factors, the proposed use is
tipping towards fair use"
So it looks like Sylvia is in the clear at a basic level.
andy
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