From: Diana Bloomfield (dlhbloom@mindspring.com)
Date: 03/06/01-10:44:41 AM Z
Yes..I think 'fair use' is not all that clear cut. My own experience is with
one particular article someone wrote about photography -- more philosophical
than a 'how to.' The article appeared in a small magazine that most
university libraries, nor indeed, public libraries would have. I happen to
know the author of the piece and so did get permission to give to students, but
yes..common sense absolutely should apply in these cases. Don't know if anyone
read the part on 'fair use' about the use of slides of artwork that are often
shown to classes. The way I read it, that's a slippery slope too.
--Diana
Carl Weese wrote:
> Sarah,
>
> First, a _patent_ lawyer may know nothing of copyright law. Patents and
> copyrights are very different animals. They are different legal specialties,
> too, generally practiced at separate law firms.
>
> Next, "fair use" is what allows a reviewer to quote a few sentences in a
> review of a book. It similarly allows a teacher to display and quote a
> published piece of material to her class, but if she makes 30 copies and
> hands them out to the class without the author/publisher's permission it's
> absolutely positively infringement. (this is also just common sense. If the
> material is useful to the students, isn't it likely that the
> author/publisher had it in mind to sell them the book?)
>
> "Fair Use" also applies to visual, text, or musical "quoting" for comment,
> satire, or parody. If I write new words for a song but steal a copyrighted
> melody, that's infringement. If Mark Russel swipes the same melody to sing a
> political satire making fun of His Fraudulency, that's "Fair Use". Andy
> Worhol was able to recycle Bert Stern's Marilyn pix into his multiple image
> silkscreens without infringing Stern's copyright because of Fair Use, but I
> think there was some argument about it. There may be other examples, I'm
> definitely not a lawyer, just an interested party where intellectual
> property is concerned.
>
> ---Carl
> --
>
> > Judy wrote:
> >> The teacher makes 30 copies of an article to hand to the class without
> >> permission, not just P-F obviously, many books and articles. This is of
> >> course against the law.
> >>
> > I'm not certain that this is against the law. A patent lawyer who used to
> > speak to printmaking seniors at U Arts talked about the concept of 'fair
> > use' of copyrighted material by educators. Has anyone on the List heard of
> > this concept?
> >
> > Sarah
> >
> >
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