Re: Copyright clearence

Stan Diamond (sxd@psulias.psu.edu)
Sat, 16 Nov 1996 00:08:53 -0400

Stephen,
I am not a lawyer, but here is what I think is the relevant part of
the copyright law in this instance:
******************
Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright. In determining whether the use
made of a work in any particular case is a fair use the factors to be
considered shall include -

(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. The fact that a work is unpublished
shall not itself bar a finding of fair use if such finding is made
upon consideration of all the above factors.
******************************

It would appear from comparing this part of the statute to what you
described as the situation with your faculty member's use, that his use
would most likely fall under "fair use" and not require any payment. He
should probably check with his publisher and the university attorney to
verify this interpretation. Please let us know what the final outcome is.

Stan Diamond, Manager (814) 863-3100
Audio Visual Services (814) 863-2574 (Fax)
Special Services Bldg (800) 826-0132 Order line
1127 Fox Hill Rd, sxd@psulias.psu.edu
Univ. Park, PA 16803 HTTP://www.libraries.psu.edu/avs/