In response
to( Ellen Gilliam <[log in to unmask]> ) :
How would you respond to an administration request to create a slide
collection to be used as teaching aids by photographing images (photographs,
works of art, etc.) from books?
Fair use in academic instructional matters, as you have described has
already been challenged in "printed" copyrighted materials. Are you
familiar with the Kinko suit, in which the court found for the authors and
awarded them $4 million.
Along time ago when I taught in universities, it was a common practice to
photocopy articles, essays, etc. and complie them as handouts for students.
This saved time and money for the students. This pactice naturally produced
a huge volume of copying, which eventually was contracted out to places,
like Kinko's, who benefited financially--even though it was merely pennies
per page.
If you are copying from books you are violating, firstly the book author's
copyright. Secondly, you are probably violating copyright of the copy's
content owner, as well.
Maybe a royalty contract is a solution. Even boards of education pay
royalties for published works schools perform. Maybe permission is all
needed.
You need to discuss this issue with your school's lawyer. S(he) needs to
review the recent case law on fair use/copyright . Fair use has narrowed
substantially over the years and current practice has become limited to an
individual physically making a copy for his/her own use.
The issue you may be facing is-- how many books have not/will not be sold
because you made copies for x-number of students over time. This is
calculable in court and statutory damages also apply, plus costs. This is
what you risk.
It's a good question you raised. Let me know what your lawyer says.
****The views expressed here are not, in any way, rule of law or legal
opinion. They are presented as discussion only. Please consult an
attorney.*****
Chey Backuswalcott
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