Scanning pictures from a book and saving

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  • Our ITRT wants to scan pictures from a book by Chris VanAllsburg and show them on the LCD projector while a book is being read. Is this a copyright violation? Are there ANY uses of this type that might fig Fair Usage rules? Thanks in advance. Gayle
  • Certainly fair use can apply to classroom situations.

    Can I assume that this is a face-to-face setting in a public K-12 school? Based on that assumption, the specific teaching exception to the display right, found in section 110(1), would allow the actual display of the pictures. Fair use (section 107), however, would be necessary to justify the scanning, since the teaching exception does not apply to the reproduction right.

    The fair use case in this situation is interesting; the four factors seem evenly divided to me, but the ones that are generally more heavily weighted favor your use. The first factor is in your favor, since the purpose of the copying (scanning) is purely educational. The material is highly creative and you would be using all or most of it, so the second and third factors count against you. Finally, there seems to be little impact on the market for the original; a purchased copy is necessary to do what you want to do, and purchasing additional copies really would not help you accomplish your educational goal. This, of course, is where the real issue is joined and where the most room for argument exists.

    That is how I see the situation, but ultimately you have to decide if, based on your own good faith analysis of these factors, you believe that this use qualifies as a fair one.

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