Posted by Pennie Lane on July 30, 2001, at 18:49:04
In reply to Re: new boBB incarnation, posted by Dr. Bob on July 27, 2001, at 13:41:02
The University of Texas primer cited above to support the posting of copyrighted articles as a fair use says:
“A nonprofit use of a whole work will weigh somewhat against fair use.”
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htmThe Consortium for Technology in University Systems (whose link was cited) encourages the use of passwords to limit access to articles copied electronically for educational purposes.
“By limiting the range of users who may find the document, the professor can minimize or eliminate any possibility that someone will retrieve the work from the network instead of purchasing a copy.”
http://www.cetus.org/fair6.htmlThis practice of posting whole articles goes against the well-intended efforts of distance-learning professionals to preserve their right to use copyrighted material in limited educational settings. If not illegal, it invites lawmakers to tighten copyright laws. The consortium, in principles intended to protect the right of fair use by universities, says:
“ Higher education has an obligation to educate its constituencies about intellectual properties and about the lawful uses of copyrighted material.”
http://www.cetus.org/fair4.html> ( from http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test )
> The four fair use factors:
> 1.What is the character of the use?This site can be viewed for any purpose by anyone with a web browser. It is not, as exempted in Sec. 110 of the copyright code (http://www4.law.cornell.edu/uscode/17/110.html ) “a *regular part of the systematic instructional activities* of … a nonprofit educational institution … primarily for reception in classrooms or similar places normally devoted to instruction, or for reception by persons to whom the transmission is directed because their disabilities or other special circumstances prevent their attendance in classrooms or similar places normally devoted to instruction.”
Sec. 110 allows display of a work by the public reception of the transmission on a single receiving
apparatus of a kind commonly used in private homes, *unless - the transmission thus received is further transmitted to the public*> 4.What effect would this use have on the market for the original or for permissions if the use were widespread?
( from http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test )If this practice were widespread, it would significantly damage the market for permissions and allow any Internet site that describes itself as educational to post any article it wanted, regardless of copyright restrictions.
poster:Pennie Lane
thread:1598
URL: http://www.dr-bob.org/babble/admin/20010718/msgs/1674.html