----------------------------Original message----------------------------
RE: EDUCATIONAL FAIR USE GUIDELINES FOR DIGITAL IMAGES

 --  UREGENT CALL FOR RESPONSE TO LATEST DRAFT by JULY 14!!  --

ARLIS/NA has been actively participating in the development of the CONFU
Educational Fair Use Guidelines for Digital Images through the contributions
of our CONFU representative, Gregory P.J. Most, National Gallery of Art,
working in concert with the Public Policy Committee. We have been grateful
for some good input thus far from several interested individuals.

This is the first chance for a general distribution, therefore, we are
posting this draft on ARLIS-L in order to solicit as broad a response as
possible from the ARLIS/NA membership, but particularly visual resources
professionals, within this very tight timeframe.  We urge you to review the
guidelines draft below and take this opportunity now to include your voice
on this critical issue.

The working group is meeting again on July 16 so we need your comments by
July 14 at the latest.  If you reply to the list we can all see the
responses.  We are looking forward to your input.

Thanks,

Katherine Poole & Hinda Sklar
Co-Chairs, ARLIS/NA Public Policy Committee

Draft also available at:
        URL http://alberti.mit.edu/caa/The_Profession/CEI/confu11.html

Please note format changes:  Endnotes are designated thus: (1) .  Words and
phrases in bold are thus: |bolded|.  Phrases and sentences in brackets [ ]
are subject to change, review, further analysis by either the working group
or the
larger CONFU meeting.)
                Thanks to Macie Hall for her work in reformatting this document.
>***********************************
>DISCUSSION DRAFT  -  7/1/96
>
>This draft is for comment from all interested parties.  Comments are due by
>7/15/96.
>
>EDUCATIONAL FAIR USE GUIDELINES FOR DIGITAL IMAGES(1)
>
>TABLE OF CONTENTS:
>1. Introduction.
>2. Permissible Digitizing of Images Under These Guidelines.
>3. Permissible Educational Uses for Digital Images Under These Guidelines.
>4. Limitations.
>5. Uses Not Covered by These Guidelines.
>6. Important Reminders/General Conditions.
>Appendix A: Organizations Endorsing These Guidelines.
>Appendix B: Organizations Participating in Development of These Guidelines.
>
>1. INTRODUCTION:
>
>1.1  Preamble.
>
>Fair use is a legal principle that provides certain limitations on the
>exclusive rights(2) of copyright holders.  The purpose of these guidelines
>is to provide guidance for the application of fair use principles by
>educators, scholars, and students who wish to use copyrighted digital images
>without permission for non-commercial educational purposes.
>
>There is no simple test to determine what is fair use.  Section 107 of the
>Copyright Act(3) sets forth the four fair use factors which should be
>considered in each instance, based on particular facts of a given case, to
>determine whether a use is a "fair use": 1) the purpose and character of the
>use, including whether such use is of a commercial nature or is for
>nonprofit educational purposes, 2) the nature of the copyrighted work, 3)
>the amount and substantiality of the portion used in relation to the
>copyrighted work as a whole, and 4) the effect of the use upon the potential
>market for or value of the copyrighted work.
>
>While only the courts can authoritatively determine whether a particular use
>is fair use, these guidelines represent the participants'(4) consensus of
>conditions under which fair use should generally apply.  Uses exceeding
>these guidelines may or may not be fair use.  The participants also
>understand that the more one exceeds these guidelines, the greater the risk
>that fair use does not apply.
>
>The limitations and conditions set forth in these guidelines do not apply to
>works in the public domain-- such as U.S. government works or works on which
>copyright has expired for which there are no restrictions-- or to works for
>which the institution has obtained permission for the particular use.  Also,
>license agreements may govern the uses of some works and users should refer
>to the applicable license terms for guidance.
>
>The participants who developed these guidelines met for an extended period
>of time and the result represents their collective understanding in this
>complex area.  Because digital technology is in a dynamic phase, there may
>come a time when it is necessary to review the guidelines.  Nothing in these
>guidelines should be construed to apply to the fair use privilege in any
>context outside of educational and scholarly uses of digital images.  [These
>guidelines apply only to fair use in the context of copyright and to no
>other rights.]
>
>This Preamble is an integral part of these guidelines and should be included
>whenever the guidelines are reprinted or adopted by organizations and
>educational institutions.  Users are encouraged to reproduce and distribute
>these guidelines freely without permission; no copyright protection of these
>guidelines is claimed by any person or entity.
>
>1.2  Background.
>
>These guidelines apply to the creation and use of digital image archives for
>educational purposes, including the digitizing of |pre-existing image
>collections| (defined as [an assemblage of visual images in an institution's
>collection as of December 31, 1996, systematically maintained by an
>educational institution for educational purposes]) and the subsequent
>acquisition, digitization, and use of visual materials added to collections
>after [December 31, 1996].
>
>Pre-existing visual resource collections in educational institutions often
>number tens of thousands of images, generally photographic slides, which
>have been acquired from a wide variety of sources.  As a rule, these visual
>resource collections (referred to in these guidelines as "|image
>collections|") have been amassed over a period of many years.  Many
>pre-existing collections lack adequate source information for older images
>and standards for accession practices are still evolving.  In addition,
>publishers and vendors may no longer be in business, and information about
>specific images may no longer be available.  For many images there may also
>be several layers of rightsholders: the rights in an original visual image
>are separate from rights in a reproduction of that image and may be held by
>different rightsholders.  All these factors complicate the process of
>locating rightsholders, and seeking permissions for pre-existing collections
>will be painstaking and time consuming.
>
>However, there are significant educational benefits to be gained if
>pre-existing image collections can be digitized uniformly and
>systematically.  Digitization will allow educators to employ new
>technologies using the varied and numerous images necessary in their current
>curricula.  At the same time, rightsholders and educational institutions
>have concerns that images in some collections may have been acquired without
>permission or may be subject to restricted uses.  In either case, there may
>be rightsholders whose rights and interests are affected by digitization and
>other uses.
>
>The approach agreed upon by the representatives who developed these
>guidelines is to permit educational institutions to digitize lawfully
>acquired images as a collection, to provide access at the educational
>institution to a secure online catalog of thumbnail images, and to begin
>using such images for educational purposes.  At the same time, educational
>institutions should begin to identify the rightsholders and seek permission
>to retain and use the digitized images for future educational purposes.
>Continued use depends on the institutions' making a reasonable inquiry to
>clear the rights in the digitized image.  This approach seeks to strike a
>reasonable balance and workable solution for copyright holders and users
>entering the digital era.
>
>Specific fair use guidelines have been developed for visual images because
>these materials pose issues different from those for other copyrighted
>works.  Note that these guidelines are not intended to cover fair use in
>other educational contexts such as educational multimedia projects(5),
>[distance learning, and interlibrary loans/document delivery] which may be
>addressed in other fair use guidelines.
>
>1.3  Analysis of the Intellectual Property Rights in Visual Images.
>
>Much of the confusion regarding intellectual property rights in visual
>images arises from the many ways that they are created and the many sources
>for images in educational institutions' collections.  Determining all the
>rights connected with an image requires an understanding of the source of
>the image, the content portrayed, and the creation of the image, both for
>original visual images and for reproductions of images.
>
>Visual images can be original works, reproductions of other works, or, if a
>reproduction includes original elements, they can be both.  Often, a digital
>image is many generations removed from the original work that it reproduces.
>For example, a digital image may have been scanned from a slide, which was
>copied from a published book, which contained a photographic transparency,
>which reproduced an original work of art.  Each stage of reproduction in
>this chain may involve an additional layer of rights.  The rights in images
>in each of these layers may be held by different rightsholders; obtaining
>rights to one does not automatically grant rights to use another.
>
>Existing image collections are composed of many types of images, each
>associated with particular rights or layers of rights.  Whether educational
>institutions may digitize or use a visual image, even for educational
>purposes, depends on an analysis of all the rights connected with the image
>(see definitions in Section 1.4 for the following terms in bold):
>- An |original visual image| has rights defined in the Copyright Act: the
>rights to reproduce the work, to prepare derivative works based on it, to
>distribute copies of the work, to perform the work, and to display the work
>in public.
>- A |reproduction|, if lawfully made, may itself be copyrightable.
>- A |published reproduction| may carry rights in the original visual image,
>the reproduction, and the publication.
>- A |copy of a published reproduction| is not itself copyrightable when the
>copying process is mechanical and the resulting copy lacks originality.
>Rights in the original visual image, the reproduction, and the published
>reproduction must therefore all be considered when analyzing the rights
>connected with an image.
>
>In using digital images, educators should be aware that rights to use images
>will vary depending on the source of the image, the content portrayed, the
>identities of the rightsholders, and other factors, such the terms of any
>applicable licenses.  For example:
>- Permissible use of purchased slides, commercial slide sets,
>transparencies, prints, or digital images depends on the terms and
>conditions of the original purchase or license agreement and the application
>of fair use principles.
>- Permissible use of images reproduced from print sources, such as books and
>journals, depends on the application of fair use principles.
>- Permissible use of donated images depends on the rights of the donor in
>the images, the terms of the gift or bequest, and the application of fair
>use principles.
>- Permissible use of original visual images owned by the educational
>institution depends on the educational institution's rights in the image or
>its reproductions, the rights in any work depicted in the image, and the
>application of fair use principles.
>
>1.4  Applicability of These Guidelines: Definitions.
>
>Certain basic terms used throughout these guidelines are identified in
>|bold| and defined in this section.
>
>These guidelines apply to the creation and use, without permission, of
>lawfully acquired copyrighted digital images (including original visual
>images, reproductions, published reproductions, copies of published
>reproductions, and thumbnail images) by educators, students, and image
>collection curators engaging in instructional, research, or scholarly
>activities at nonprofit educational institutions for educational purposes.
>
>For the purposes of these guidelines, |educational institutions| are defined
>as nonprofit organizations whose primary purpose is supporting the
>instructional, research, and scholarly activities of educators, students,
>and scholars.  Examples of educational institutions include K-12 schools,
>colleges, and universities; libraries, museums, hospitals, and other
>nonprofit institutions also are considered educational institutions under
>this definition when they engage in instructional, research, or scholarly
>activities for educational purposes. |Educational purposes| are defined as
>non-commercial instruction or curriculum-based teaching by educators to
>students at nonprofit educational institutions, and |research and scholarly
>activities|, defined as planned non-commercial study or investigation
>directed toward making a contribution to a field of knowledge and
>non-commercial presentation of research findings at peer conferences,
>workshops, or seminars.
>
>|Educators| are faculty, teachers, instructors, curators, librarians,
>scholars, or other professional staff who engage in instructional, research,
>or scholarly activities for educational purposes as their assigned
>responsibilities at educational institutions. |Students| are participants in
>instructional, research, or scholarly activities for educational purposes at
>educational institutions.
>
>A |digital image| is an image [visual work] stored in binary code (bits and
>bytes).  Examples include bitmapped images (encoded as a series of bits and
>bytes each representing a particular pixel or part of the image) and vector
>graphics (encoded as equations and/or algorithms representing lines and
>curves).  A |thumbnail image| is a small scale, typically low resolution,
>digital reproduction of an image, used in a visual online catalog or image
>browsing display to enable visual identification of records in an
>educational institution's image collection.  Thumbnail images are of no
>intrinsic commercial or reproductive value.
>
>A digital image can be an original visual image, a reproduction, a published
>reproduction, or a copy of a published reproduction.  An |original visual
>image| is a work of art or an original work of authorship (or a part of a
>work), fixed in digital or analog form and expressed in a visual medium.
>Examples include graphic, sculptural, and architectural works, as well as
>stills from motion pictures or other audio-visual works.  A |reproduction|
>is a copy of an original visual image in digital or analog form.  The most
>common forms of reproductions are photographic, including prints, 35mm
>slides, and color transparencies.  The original visual image shown in a
>reproduction is often referred to as the "underlying work."  Digital images
>can be reproductions of either original visual images or of other
>reproductions.  A |published reproduction| is a reproduction of an original
>visual image appearing in a work distributed in copies and made available to
>the public by sale or other transfer of ownership, or by rental, lease, or
>lending.  Examples include a plate in an exhibition catalog that reproduces
>a work of art, and a digital image appearing in a CD-ROM or online.  A |copy
>of a published reproduction| is a subsequent copy made of a published
>reproduction of an original visual image, for example, a 35mm slide which is
>a copy of an image in a book.
>
>These guidelines are limited to copyrighted images that have been |lawfully
>acquired| by the institution or individual through lawful means such as
>purchase, gift, bequest, or exchange of a copyrighted work (and its
>associated rights), or the acquisition of one or more rights in a protected
>work by assignment, license, or other exchange.
>
>2. PERMISSIBLE DIGITIZING OF IMAGES UNDER THESE GUIDELINES:
>
>These guidelines cover digitization of image collections as detailed below,
>and are subject to applicable limitations in these guidelines (see Section 4).
>
>2.1  Digitizing by Institutions: Images in Pre-Existing Collections.
>
>Educational institutions with pre-existing image collections may digitize
>from the lawfully acquired images presently in their collections in order to
>support the permitted educational uses under these guidelines (see Section
>3), subject to limitations on portions from published compilations (see
>Section 4.2).  Simultaneously with digitizing, educational institutions
>should begin the process of seeking permissions from rightsholders if they
>wish to retain the digitized images and to continue to provide access for
>educational purposes beyond a transition period while permissions are being
>sought.  Retention and reuse of the digital images beyond the transition
>period described in these guidelines are subject to time limitations (see
>Section 4.3).
>
>Some images in pre-existing collections are of uncertain origin or were
>created under fair use or otherwise without permission, for example, images
>from print sources such as books and journals.  It is therefore uncertain
>whether they were lawfully acquired as defined in these guidelines.  Before
>digitizing such images, an educational institution should initiate a
>reasonable inquiry (see Section 6.7) to obtain appropriate permission.  If,
>after reasonable inquiry, an educational institution is unable to identify
>sufficient information to seek permission, advice of the institution's
>counsel should be sought.
>
>2.2  Digitizing by Institutions: Images Not in Pre-Existing Collections.
>
>Educational institutions may digitize new, lawfully acquired images to
>support the permitted educational uses under these guidelines (see Section
>3) unless such images are readily available in usable digital form for
>purchase or license at a fair price.  Images that are readily available in
>usable digital form for purchase or license at a fair price should not be
>digitized for addition to an institutional image collection without
>permission; however, they may be digitized by educators and students for
>permitted educational purposes (see Section 2.3).
>
>2.3  Digitizing by Educators and Students.
>
>Educators and students may digitize lawfully acquired images to support the
>permitted educational uses under these guidelines (see Section 3), even if
>such images are readily available in usable digital form for purchase or
>license at a fair price.  However, retention and reuse of such images by
>educators and students is subject to time limitations (see Section 4.5).
>
>2.4  Creating Thumbnail Images.
>
>As part of the digitization process (see Sections 2.1 and 2.2), educational
>institutions may create thumbnail images of lawfully acquired images for
>inclusion in a visual catalog for use at the educational institution.  These
>thumbnail images may be combined with descriptive text in a visual catalog
>that is searchable by a number of fields, such as the source.
>
>3. PERMISSIBLE EDUCATIONAL USES FOR DIGITAL IMAGES UNDER THESE GUIDELINES:
>
>These guidelines cover uses by students, scholars, and educators as detailed
>below, and are subject to limitations outlined in the guidelines (see
>Section 4).  Educational institutions that rely upon these guidelines are
>expected to establish appropriate policies and procedures and to take
>reasonable steps to ensure that such policies and procedures are followed.
>
>3.1  Use of the Visual Online Catalog.
>
>The educational institution's visual online catalog, which includes the
>thumbnail images created as part of the digitization process (see Sections
>2.1 and 2.2), may be mounted on the institution's secure electronic network,
>and access may be provided to educators, scholars, and students affiliated
>with the educational institution.
>
>3.2  Student Use of Images.
>
>Students may:
>- Use digital images in an academic course assignment such as a term paper
>or thesis, or in fulfillment of degree requirements.
>- Publicly display their projects incorporating digital images in courses
>for which they are registered and during formal critiques, or in any
>exhibition (open to the public as well as to students from other classes) at
>a nonprofit educational institution.
>- Retain their projects in their personal portfolios as examples of academic
>work for later uses such as employment and graduate school applications.
>
>3.3  Educator Use of Images.
>
>3.3.1  An educator may display digital images for educational purposes,
>including face-to-face teaching of curriculum-based courses, and research
>and scholarly activities at non-profit educational institutions.
>
>3.3.2  An educator may compile and display digital images via a secure
>campus-based local network to students enrolled in a course given by that
>educator for real time access, for after class review, or for directed
>self-study, during the semester or term in which a course is offered,
>provided there are technological limitations (such as a password or PIN)
>restricting access to the network and images only to enrolled students.
>Educators should make their students aware of the rights of copyright owners
>and the restrictions on downloading, copying, and making other use of
>digital images.  An educational institution should use best efforts to
>implement both technological controls and institutional policies to ensure
>that only students enrolled in the course have access to, and make
>appropriate use of, these digital images in accordance with these
>guidelines.  Furthermore, when providing access to digital images, an
>educational institution must provide notice of use restrictions (see Section
>6.3).
>
>3.4  Use for Peer Conferences.
>
>Educators and students may use or display digital images in connection with
>lectures or presentations in their fields, including uses at non-commercial
>professional development seminars, workshops, and conferences where
>educators meet to discuss issues relevant to their disciplines or present
>works they created for educational purposes in the course of research,
>study, or teaching.
>
>4. LIMITATIONS:
>
>4.1  Portions of Images.
>Although the use of entire works is usually not permitted under fair use, it
>is generally appropriate to use images in their entirety in order to respect
>the integrity of the original visual image, as long as the limitations on
>use under these guidelines (see Section 4) are in place.  For purposes of
>electronic display, however, portions of an image may be used to highlight
>certain details of the work for educational purposes as long as the full
>image is displayed or linked to the portion.
>
>4.2  Portions from Single Sources Such as Published Compilations.
>When digitizing and using individual images from a single source such as a
>published compilation (including but not limited to books, slide sets, and
>digital image collections), or individual frames from motion pictures or
>other audiovisual works, educators and students should be aware that fair
>use limits the number and substantiality of the images that may be used from
>a single source.  In addition, a separate copyright in a compilation may
>exist.  Further, fair use requires consideration of the effect of the use on
>the potential market for or value of the copyrighted work.  The greater the
>number and substantiality of images taken from a single source, the greater
>the risk that the use will not be fair use.
>
>4.3  Time Limitations for Use of Images Digitized by Institutions from
>Images in Pre-Existing Collections.
>
>These guidelines provide for a reasonable transition period of 5 years
>during which educational institutions may digitize images from pre-existing
>image collections (see Section 2.1) and educators and students may begin to
>use those digitized images.  Simultaneously, educational institutions are
>required to begin seeking permission to digitize, retain, and reuse all such
>digitized images.  Following this transition period, these digitized images
>may be used by educators and students only where (1) permission has been
>received, or (2) the educational institution is unable, after a reasonable
>inquiry (see Section 6.7), to identify sufficient information to seek
>appropriate permission.  Uses by educators and students in other cases are
>subject to the four-factor fair use analysis.
>
>4.4  Time Limitations for Use of Images Digitized by Institutions from
>Images Not in Pre-Existing Collections.
>
>Educational institutions may use and retain in digital image collections
>images which are newly acquired and digitized under these guidelines (see
>Section 2.2), as long as the retention and use complies with the following
>conditions:
>
>4.4.1  Images digitized from a known source and not readily available in
>usable digital form for purchase or license at a fair price may be used for
>one academic term and may be retained in digital form while permission is
>being sought.  Permission is required for uses beyond the initial use; if
>permission is not received, subsequent retention and use is subject to the
>four-factor fair use analysis.
>
>4.4.2  Where the rightsholder of an image is unknown, a digitized image may
>be used for up to 3 years, as long as a reasonable inquiry (see Section 6.7)
>is initiated by the institution, seeking permission to digitize, retain, and
>reuse the digitized image.  Thereafter, the image may not be used without
>permission unless, after reasonable inquiry, the educational institution is
>unable to identify sufficient information to seek appropriate permission;
>any subsequent uses are subject to the four-factor fair use analysis.
>
>4.5  Time Limitations for Use of Images Digitized by Educators and Students.
>
>Educators and students may use images they have digitized without permission
>under these guidelines (see Section 2.3) for a single use.  Permission must
>be sought to reuse the digitized image, and reuse or retention of the image
>in the educational institution's image collection is subject to the
>limitations outlined in Section 4.4.
>
>5. USES NOT COVERED BY THESE GUIDELINES:
>
>The following are examples of uses that are not covered by these guidelines
>and may require permission, depending on the individual circumstances.
>
>5.1  Using Images in Publications.
>
>These guidelines do not cover reproducing and publishing images in
>publications, including scholarly publications in print or digital form, for
>which permission is generally required.  Before publishing any images under
>fair use, even for scholarly and critical purposes, scholars and scholarly
>publishers should conduct the four-factor fair use analysis.
>
>5.2  Using Images for Non-Educational or Commercial Purposes
>
>These guidelines do not cover digitizing images or using digital images for
>non-educational or commercial purposes at any time, even by non-profit
>educational institutions.
>
>5.3  Electronic Distribution Beyond the Institution (including Internet).
>
>These guidelines do not permit electronic distribution of digital images or
>provision of electronic access to digital images, including low-resolution
>thumbnail images and images in the institution's visual online image
>catalog, beyond the institution's own secure network, even for educational
>purposes.
>
>6. IMPORTANT REMINDERS/GENERAL CONDITIONS:
>
>6.1  Creation of Digital Image Collections.
>
>When digitizing copyrighted images for inclusion in image collections to be
>used for educational purposes, educational institutions should
>simultaneously initiate the process of seeking permission to use the digital
>images.
>
>6.2  Attribution and Acknowledgment.
>
>Educators and students should credit the sources and display the copyright
>notice(s) with any copyright ownership information shown in the original
>source, for all images digitized by educators and students, including those
>digitized under fair use.  Crediting the source means adequately identifying
>the source of the work, giving a full bibliographic description where
>available (including the creator/author, title, publisher, and place and
>date of publication) or citing the electronic address if the work is from a
>network source.  The copyright ownership information includes the copyright
>notice ¸, date, and name of the copyright owner.  Educators and students
>should retain any copyright notice or other proprietary rights notice placed
>by the copyright owner or image archive or collection on the digital image,
>except in special circumstances, such as that the work has entered the
>public domain or the copyright ownership has changed.  In those cases when
>source credits and copyright ownership information cannot be displayed on
>the screen with the image for educational reasons (e.g., during
>examinations), this information should still be linked to the image.
>
>6.3  Notice of Use Restrictions.
>
>When providing access to digital images, an educational institution must
>provide notice stating that such digital images shall not be downloaded,
>copied, retained, printed, shared, modified, or otherwise used, except as
>provided for in the permitted educational uses under these guidelines (see
>Section 3).
>
>6.4  Caution in Downloading Images from Other Electronic Sources.
>
>Educators and students are advised to exercise caution in using digital
>images downloaded from other sources, such as the Internet, in producing
>their own educational projects, because such digital environments contain a
>mix of works protected by copyright and works in the public domain.  Access
>to works does not automatically mean that these can be reproduced and reused
>without permission or royalty payment.  For example, some copyrighted works
>may have been posted to the Internet without authorization of the copyright
>holder.
>
>6.5  Future Uses Beyond Fair Use.
>
>Some educational and scholarly projects and compilations developed under
>fair use may lead to uses that are beyond fair use.  Educators, scholars,
>and students are therefore advised to take steps to obtain permissions
>during the development process for all copyrighted images if there is a
>possibility that their own educational projects incorporating copyrighted
>images under fair use could result in either a widely disseminated or a
>commercial product.
>
>6.6  Integrity of Images: Alterations.
>
>In order to maintain the integrity of copyrighted works, educators and
>students are advised to exercise caution when making any alterations in a
>work under fair use for educational purposes such as criticism, comment,
>teaching, scholarship, and research.  Furthermore, educators and students
>must explicitly describe the nature of any changes they make to original
>visual images when producing their own digital images.
>
>6.7  Reasonable Inquiry.
>
>A reasonable inquiry for the purpose of clearing rights to digitize and use
>digital images includes, but is not limited to, conducting each of the
>following steps: (1) checking any information within the control of the
>educational institution, including slide catalogs and logs, regarding the
>source of the image; (2) asking relevant faculty, departmental staff, and
>librarians, including visual resource collections administrators, for any
>information regarding the source of the image; (3) consulting standard
>reference publications and databases for information regarding the source of
>the image; (4) consulting rights reproduction collectives and/or major
>professional associations representing image creators in the appropriate
>medium; and (5) determining that the image, or a reasonable facsimile of the
>image (such as an alternate image of the same painting) is not available
>from any alternate source.  The burden is on the educational institution to
>demonstrate that it has conducted a reasonable inquiry.
>
>APPENDIX A:
>ORGANIZATIONS ENDORSING THESE GUIDELINES:
>
>[To be added after endorsements are received.]
>
>APPENDIX B:
>ORGANIZATIONS PARTICIPATING IN DEVELOPMENT OF THESE GUIDELINES:
>
>American Association of Community Colleges
>American Association of Museums
>American Council of Learned Societies
>American Society of Media Photographers
>American Society of Picture Professionals
>Art Libraries Society of North America
>Association of American Publishers
>Association of American Universities
>Association of Art Museum Directors
>Association of College and Research Libraries
>Association of Research Libraries
>Coalition for Consumers' Picture Rights
>College Art Association
>Consortium of College and University Media Centers
>Corbis Corporation
>Creative Incentive Coalition
>The J. Paul Getty Trust
>Instructional Telecommunications Council
>Library of Congress/National Digital Library Project
>Medical Library Association
>National Council of Teachers of Mathematics
>National Endowment for the Arts
>National Endowment for the Humanities
>National Science Teachers Association
>Picture Agency Council of America
>Special Libraries Association
>U.S. Copyright Office
>Visual Resources Association
>
>______________________________________
>Discussion draft compiled by participants in the CONFU-Digital Image
>discussion group at meetings on 2/28, 4/9, 4/17, 4/22, 5/2, 5/16, 5/29, 6/3,
>6/12, 6/21, and 6/26/96.
>
>The working draft of these guidelines is held with Cameron Kitchin of the
>American Association of Museums (202/ 289-1818, [log in to unmask]).
>
>
>NOTES
>
>(1) These guidelines do not supersede other Educational Fair Use Guidelines
>that clarify Section 107 of the Copyright Act.
>
>(2) See Section 106 of the Copyright Act.
>
>(3)  The Copyright Act of 1976, as amended, is codified at 17 U.S.C. Sec.
>101 et seq.
>
>(4) The names of the various organizations participating in this dialog
>appear at the end of these guidelines and indicate the variety of interest
>groups involved, both from the standpoint of the users of copyrighted works
>and from the standpoint of the copyright owners.
>
>(5) See separate document, "Educational Fair Use Guidelines for Multimedia."

Katherine Poole
Rotch Visual Collections, M.I.T.
77 Mass. Ave., 7-304
Cambridge, MA 02139-4307
1-617-253-7098
[log in to unmask]