Posted by: AFry
April 18, 2008 @ 1:27pm
I'm not sure this is a public performance, but this is a situation which should ring bells.
According to Title 17 § 101,
[quote]To perform or display a work “publicly” means —
(1) to perform or display it... Read more...
Replies: 1Posted by: AFry
April 18, 2008 @ 10:44am
I'm uncomfortable answering this question for at least a couple of reasons. I have not problem talking to my colleagues about whether or not I think this is legal. Depending on the circumstances, I also don't mind talking to individuals who are involved... Read more...
Replies: 1Posted by: Freya Anderson
April 17, 2008 @ 1:31pm
I'm not sure, but this might not be a copyright issue, but more analogous to the practice many publishers have of charging more for institutional/library subscriptions to periodicals. In that case, I think that the higher rate is usually charged for... Read more...
Replies: 1Posted by: ckristof@kent.edu
April 11, 2008 @ 1:08pm
This is considered a public performance, which is an exclusive right of the copyright owner. If it's purely for entertainment purposes and not an integral part of a course curriculum, than it's not a fair use. There are quite a few motion picture... Read more...
Replies: 2Posted by: AFry
April 9, 2008 @ 5:00pm
I'm not an expert on photos.
If I understand you correctly, you have a print which was developed from the same negative used by the magazine. Do you know if you have the original print, which I think would have some kind of magazine mark... Read more...
Replies: 2Posted by: AFry
April 9, 2008 @ 4:32pm
I believe that the average approach is too conservative. I believe that the NYU out of court settlement and decades of misinformation have skewed the entire spectrum. Of course, almost everyone disagrees with me. If the majority of people agreed with... Read more...
Replies: 10Posted by: COvalle
April 8, 2008 @ 2:52pm
With the support of our University Counsel, we use the standard, nonconservative approach to electronic reserves. ^_^ Our counsel does believe that semester-after-semester usage decreases the fair use argument, but it is difficult to say that a use is not... Read more...
Replies: 4Posted by: AFry
April 6, 2008 @ 12:18pm
This topic is an outgrowth of the discussion at http://www.librarycopyright.net/wordpress/punbb/viewtopic.php?id=1430 , but you do not need to read that discussion first.
Here’s the situation that prompted this post:
I was... Read more...
Replies: 9Posted by: ckristof@kent.edu
April 4, 2008 @ 12:21pm
I am in northeast Ohio, but I believe my name was forwarded to you by a colleague earlier this week. After some thought, I'm replying on the forum, too, to cover all bases!
Replies: 2Posted by: ksmith
April 4, 2008 @ 11:14am
It is possible to interpret this question as suggesting that the pages from the already purchased books will be laminated for reuse. Thus each new class would read the pages and write whatever response is called for on separate pages. If that is the... Read more...
Replies: 9Posted by: RuthDukelow
April 4, 2008 @ 11:03am
Here's an example of a school policy on videotaping school events:
http://www.cavalier.net/policies/911.pdf (see especially page 3).
Replies: 1Posted by: AFry
April 3, 2008 @ 8:13am
In my opinion, section 102 clearly excludes questionnaires, but I promised to get other opinions from the network.
[quote]§ 102. Subject matter of copyright: In general
(a) Copyright protection subsists, in accordance with this... Read more...
Replies: 10Posted by: AFry
April 2, 2008 @ 7:17am
Only a judge deciding a case can give you a definitive answer, but I believe this is fair use. You can search this forum to find more detailed explanations of fair use and examples of fair use determinations.
Here is my brief... Read more...
Replies: 2Posted by: COvalle
March 27, 2008 @ 9:18am
Even if it's a German publication, if the copying actions are taking place in the U.S., it's U.S. law that applies.
Replies: 4Posted by: ksmith
March 22, 2008 @ 6:49am
Two points might help with this question. First, copyright protects expression but not the underlying ideas. Second, the test for infringement is "substantial similarity." In practice, this means a court would try to separate out from the accused work... Read more...
Replies: 3Posted by: COvalle
March 21, 2008 @ 1:11pm
What excellent questions. ^_^ First, keep in mind that copyright in software does not have the amount of case law associated with it as other types of copyright, and video games even less so (although there are some cases in that regard). So there is a... Read more...
Replies: 4Posted by: AFry
March 19, 2008 @ 11:48am
After reading several comments in the forum,
It seems you have found the discussions I mentioned in my previous post.
I am looking for some clarification of recording books for use by learning disabled students.
Learning... Read more...
Replies: 5Posted by: COvalle
March 17, 2008 @ 7:30am
My guess is that if there were to be some kind of lawsuit, the strong part of it wouldn't be copyright, it would be associating a particular artist with your university (publicity and related areas), especially if your university does not own the... Read more...
Replies: 3Posted by: JanetCroft
March 11, 2008 @ 2:43pm
If she is using just a single illustration it could be a fair use, depending what it is.
But if it doesn't seem to be a fair use for some reason -- Use of orphan works is still up in the air in this country. There really hasn't been a... Read more...
Replies: 2Posted by: COvalle
March 6, 2008 @ 7:34pm
The forum has been updated, and new anti-spam measures have been installed for both registration and posting.
If you have problems registering or posting, please contact me at cjovalle@librarycopyright.net. Thanks!
Replies: 0Posted by: COvalle
March 5, 2008 @ 1:19pm
I had to make a bigger-than-expected change earlier. Please send me a message at cjovalle@librarycopyright.net if you experience any strangeness or have difficulties posting or logging in.
Replies: 2Posted by: JanetCroft
March 5, 2008 @ 12:44pm
Putting an entire video or dvd into this format is questionable, but this is exactly the sort of thing electronic reserves is designed for and is a fair use under the educational examptions of the copyright act. Is it essential for the class to see the... Read more...
Replies: 1Posted by: Carrie
March 5, 2008 @ 12:08pm
A derivative work is a work based on the original. It's easy to understand when we think of the written word - translations, parodies, book to screenplay etc.
When we think of images, it is not as clear (at least for me).
... Read more...
Replies: 6Posted by: Carrie
March 5, 2008 @ 11:41am
This goes to show you that we (librarians, educators) should be writing our own copyright educational materials for our primary customers or community.
OITP commissioned a couple of class lessons on copyright for middle school students... Read more...
Replies: 5Posted by: Carrie
March 5, 2008 @ 11:35am
I also think that the use you describe is fair. Sometimes we forget that the fair use section of the law includes the language "multiple copies for classroom use." The US Congress used this as an example of fair use.
Also the story you... Read more...
Replies: 4