In a message dated 8/29/2004 10:46:05 AM Eastern Standard Time, Thelacebee  
writes:


According to the Copyright Handbook by Stephen Fishman, with  deals with US  
Copyright law: 

Fair use of out of print  works

The drafters of the Copyright Act and the Supreme Court have  suggested that  
a user may have more justification for reproducing  a work without permission 
if  it is out of print and unavailable  for purchase through normal channels. 
(Harper  &Row v. Nation  Enterprises, 471 U.S. 539 (1985).) Thus, most courts 
give  users  more leeway when they quote from or photocopy out-of-print 
works. 
But  this  does not mean that any amount of material from out-of-print works  
may 
be used  without permission.


On reading the  above I still interpretate it as copying for PERSONAL use 
only - not to give  away.  Or is that just me?



I don't interpret it that way. There is another part of the fair use  section 
that speaks to photocopying for personal use, so I conclude that this  
section is not just for personal use. The part about quoting suggests that  it is 
actually for things that are distributed.
 
Under Photocopying for Personal Use it says:
The extent to which an individual may make photocopies of protected works  
for personal use is not entirely clear.  Individual photocopying of one  copy of 
an article from a magazine or periodical or small portion of a book for  
personal use-that is, not as part of a business activity- probably constitutes a  
fair use. Making one copy of a book or other work you already own for personal 
 use also probably constitutes fair use.  Making multiple copies of  
anything, or copying entire books or other works you get from libraries or  friends to 
avoid having to buy them probably isn't fair use.
 
 You quote from the Bristish copyright site <<So, it is probably  within the 
scope of the above fair dealing 
exception to make single  photocopies of short extracts of a copyright work 
for the purposes of  non-commercial research or private study.">>
 
Which you interpet as meaning, <<This what we have already said with  regard 
to taking a single copy out of our books for our own use.>>
 
I don't think that private study necessarily means study by the person who  
owns the book. I think that if I were to give a copy of an article to another  
researcher for her private study that would meet the requirements of this  
clause. The US copyright law seems to get more indignant when people are using  
something for commercial purposes. 
 
I am certainly not proposing that it is good form in the lace world to do  
anything that would deprive an author or publisher of a sale of a book. I think  
there are many people who can vouch that I am doing my part to keep lace  
publishing in the black :-)  But I  am a little concerned  that charges of law 
breaking may be being applied to individuals who are  actually within the US 
copyright fair use description. 
 
Devon

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