(Ah, copyright and fair use, the topics that will not die.)

There is a common, persistent, misconception that a copyright violation
(i.e., the making of a copy of something - for that is one of the specific
rights granted to the holder of a copyright on a "creative work fixed in
tangible form.") is by definition OK (i.e. the use is "fair") if the
purpose is educational or non-commercial.

This is simply not true.

Stanford University Libraries have put together an extensive website (
http://fairuse.stanford.edu/) dedicated to this issue in great detail.

As the site says in its intro to Fair Use:

"Fair use is a copyright principle based on the belief that the public is
entitled to freely use portions of copyrighted materials for purposes of
commentary and criticism. For example, if you wish to criticize a novelist,
you should have the freedom to quote a portion of the novelist’s work
without asking permission. Absent this freedom, copyright owners could
stifle any negative comments about their work.
...
The only guidance for fair use is provided by a set of factors outlined in
copyright law. These factors are weighed in each case to determine whether
a use qualifies as a fair use."  (
http://fairuse.stanford.edu/overview/fair-use/)

The factors, which must all be considered when determining if a use is
fair, are:

 - the purpose and character of your use
 - the nature of the copyrighted work
 - the amount and substantiality of the portion taken, and
 - the effect of the use upon the potential market.

(http://fairuse.stanford.edu/overview/fair-use/four-factors/)

That a use is "educational" is part of the first test (purpose and
character of your use), and *may* help decide that the use is fair, but is
not, itself, sufficient to make it always so. In other words, contrary to
what others have asserted here, you cannot simply assemble any material you
like and hand it out or use it in a classroom environment; see the Stanford
website here:

http://fairuse.stanford.edu/overview/academic-and-educational-permissions/academic-coursepacks/#coursepacks_and_copyright

for the details.

Remember that copyright is a compromise between the greater good
(dissemination of creative material is good for society) and the individual
creator (who we reward for their work with control over how it gets
distributed.) It's a balancing act, and is constantly under revision and
interpretation. It's not perfect, but nothing is. Well, except origami,
obviously.

Anne

P.S. The usual caveats apply: I am not a lawyer (though I am married to
one.) This is not legal advice, just background reading to help the lay
paperfolder!

Reply via email to