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Re: Is this use fair?

Ron -

I subscribed to that same tutorial. Did you notice the copyright notice at
the beginning of the program prohibiting the copying or dissemination of the
tutorial information?


-----Original Message-----
From: Ron Koster <ron@PSYMON.COM>
Date: Wednesday, February 03, 1999 6:08 PM
Subject: Re: Is this use fair?

>Kristy Higby wrote:
>> I teach studio art at the high school level and am in the process of =
>> addidng  bookarts to our curriculum. The internet is a wonderful source =
>> for examples of contemporary work. It's very easy to put together a slide
>> show of jpeg images and have them available for easy reference. I always
>> include whatever information is available with each image and certainly =
>> the artist's name. I've included Eric's opinion (thanks, Eric) on this =
>> practice and would like to hear from others.
>Well, I'm no expert either, but I did subscribe to an on-line tutorial on
>copyright several months ago, and I've copied for you (below) the "lesson"
>on fair use and the internet.
>Hope that helps, Kristy (and hope it's not too long or off-topic, Peter)!
>Ron :)
>>Date:         Fri, 6 Nov 1998 12:41:55 -0500
>>From:         Copyright Tutorial <copyinfo@INDIANA.EDU>
>>Subject:      [COPYRIGHT-ONLINE-L] No.28: Fair Use & the Internet
>>Message 28 (Version 98-2)
>>November 6, 1998
>>An Educational Service of the Indiana University
>>Copyright Management Center
>>Kenneth D. Crews
>>Associate Professor and Associate Dean
>>Copyright 1998, The Trustees of Indiana University
>>A few lessons of fair use by now ought to be coming
>>clear:  The law of fair use offers no particular boundaries
>>or delineations.  The law of fair use is also far behind
>>the technological realities of modern education and
>>research.  We need to accept that reality.  The law
>>always lags far behind technology, and fair use is
>>intended to be a flexible doctrine, applicable to
>>unforeseen needs and applications.
>>The last few messages addressed copyright cases for
>>print media.  We have few court rulings related to the
>>Internet, and none tells much about fair use for
>>educational purposes.  We are left to extrapolate from
>>general principles and to apply our best judgment.
>>Take the example of making a work available to
>>students on the Web.  It might be in the context of an
>>"electronic reserve" system in the library, or an individual
>>faculty member creating Websites and scanning materials
>>for students to access in connection with class assignments.
>>Copyright issues arise, particularly, when one reproduces or
>>"scans" protected materials in order to facilitate access
>>electronically.  Other possible copyright issues include:
>>making further copies as students print or download the
>>material; the performance or display of those works when
>>students access them at terminals; and even the possibility of
>>making derivative works as we convert items from analog
>>to digital format.  Discussion of the copyright issues
>>surrounding digital access could fill volumes, but here are
>>some major issues surrounding the possible application of
>>fair use to the loading of text and other materials onto
>>Websites or other electronic systems.
>>*Purpose of the Use:  You may strengthen the argument
>>that your use is for nonprofit educational purposes by
>>placing password restrictions or other limitations on access
>>to the system.  If access is limited to your students, you can
>>more easily demonstrate educational purpose.  Your
>>systems administrator should be able to provide information
>>and assistance with password controls at your school or
>>*Nature of the Work:  We have seen that fair use generally
>>favors non-fiction over fiction and other highly creative
>>works.  The use of scientific or other fact-based works is
>>more likely to lean in favor of fair use than would the use of
>>excerpts from novels, motion pictures, or other more artistic
>>or creative materials.
>>*Amount or Substantiality of the Use:  Generally speaking,
>>the shorter the excerpt that you use, the more likely it will
>>be fair use.  In general, be sure that you use only those
>>amounts that are important to serving your appropriate
>>educational purpose.
>>*Effect on the Market:  Limiting access to the system can
>>also help reduce potential adverse effects on the market for
>>selling copies of the original.  The creative options for
>>lessening market effects (as well as responding to the other
>>factors) are limitless.  You might limit the use to one
>>semester; you might only use materials that are not easily
>>available through purchase; you might select only news or
>>academic works, rather than material from commercial
>>You might also place a helpful notice to the student users of
>>the system, either on the screen or in materials you
>>distribute in class.  That notice might say something like
>>        "These materials are made available at this site for
>>        the educational purposes of students enrolled in my
>>        class at XYZ University.  They are not for further
>>        reproduction or transmission."
>>Explain to your students in class that access to your site
>>is limited and that they need to understand the
>>importance of their showing respect for copyright.
>>Abuse of copyright can lead to a loss of these
>>opportunities for creative teaching in the future.
>>Remember to keep in mind that fair use comes with no
>>guarantees.  There is no law to delineate what is or is not
>>fair use for materials on "electronic reserves" or your
>>class Website.  The best we can do is a reasonable
>>application of the four factors of fair use.
>>The issues raised here are only a sample of the variables
>>that may be relevant to the fair-use decision.  They are a
>>place to start when making the transition to digital
>>For further information:
>>Rosedale, Jeff.  Electronic Reserves Clearinghouse:
>>Links and Materials on the Web.  Available at URL:
>>This site includes links to numerous colleges and
>>Universities that are implementing electronic reserve
>>systems, and it provides links to a wealth of other sites
>>that include helpful information about copyright issues.
>>Some sites of special interest include those from the
>>University of Wisconsin and the University of Texas.
>>This Online Copyright Tutorial is a free service of the
>>Indiana University Copyright Management Center.  It is not
>>legal advice.  It is for information only and will not
>>necessarily provide answers to the copyright issues that
>>arise in any particular situation.  Moreover, it does not
>>address the many legal issues, other than copyright, that
>>may also apply to a given situation.  While we have taken
>>reasonable steps to assure that the information in these
>>messages is accurate, we give no warranty of accuracy or
>>completeness.  In fact, you can be sure that the information
>>presented here is far from complete.  This tutorial is meant
>>to be brief and easy to read; as a result it does not reflect the
>>deep and technical details of the law.  If you are seeking
>>advice for your particular needs, you should consult a
>>For further information about this tutorial and upcoming
>>Q&A sessions, see
>>This tutorial is an educational service of the
>>Indiana University Copyright Management Center.
>Allow me to introduce my selves-> http://www.psymon.com
>Art-> Every Angel Is Terrifying-> http://www.psymon.com/art/
>A Letter To An Imaginary Friend-> http://www.psymon.com/letter/
>Sterling Moon Specialty Coffees-> http://www.sterlingmoon.com

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