Re: copyright -On "Fair Use"

Jim Thomas (jthomas@sun.soci.niu.edu)
Thu, 9 Jul 1998 13:18:29 -0500 (CDT)

On Thu, 9 Jul 1998, Eric Hoffman wrote:

> THe fair use clause says that you can distribute info for class purposes,
> unless it infringes on the market value of the text. How does this relate to
> class handouts.

The general rules of thumb, as others have indicated, include:

a) Purpose of distribution
b) The nature of the use of the work distributed
c) Nature of the work distributed
d) Amount/quantity of the work
e) Effect on the value of the work

> What does this mean in real life? Can I distribute articles?
> chapters? books? Comics?

Reproducing and distributing a commercial work is generally not considered
"fair use," regardless of the medium. There is nothing unique here about
electronic publications.

> Whatever I distribute means that the students don't
> have to but the book or magazine it came from. Isn't this automatically
> infringing on the market value of the text?

Yes, reproducing a work could reduce the value of a work. But, placing
a licit copy of a work on library reserve can also infringe on market
value. Market value, though, is just one of the critical factors to be
considered.

> I don't really understand how this works.

As I recall, NIU has their "fair use" and other copyright guidelines
online. The rule of thumb: When in doubt, don't do it.

jt