Re: copyright permission and course reserve

On 01/31/2000, Robert C. Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Fri, 28 Jan 2000, Leah Gadzikowski <lrgadz01[_at_]louisville.edu> wrote:
> >
> > Fair Use only applies to the first semester and after that, they
> > need to get permission.
>
> I would be interested in learning the basis for this principle. It
> seems to me it's either Fair Use or it isn't ... it can't be Fair
> Use for a little while and then suddenly become an infringement.

Under 17 U.S.C. 107(4) perhaps? "The effect of the use upon the potential market for or value of the copyrighted work?" A one-time use might not have a great effect, but long-term use might. One might reason by analogy to 110(9) [single performance]. I can also think of examples for educational purposes (which might not be in the statute, but in regulations or guidelines), where one of the concerns is whether the material is being used more-or-less on the spur of the moment, but that regular and systematic adoption of the material into the curriculum might warrant purchase of copies. I'm not sure that I agree or disagree, but I can see the origin of the argument.

S. Martin Keleti
<keleti[_at_]manifesto.com> Received on Wed Feb 02 2000 - 00:04:32 GMT