RE: COPYRIGHT QUESTION

I believe there is a strong argument that this is a fair use. First, the copyright statute specifically cites "multiple copies for classroom use" as an example of fair use. Second, one of the leading cases on unauthorized photocopying, American Geophysical v. Texaco, specifically cited as an example of an instance where photocopying could be a permissible fair use a situation in which a research scientist makes a photocopy of an article in order to avoid damaging the original when working with it in a laboratory environment. The copying of sheet music you mention seems to me to be of the same order (only better, since it is for a nonprofit educational purpose rather than for a commercial use, as in Texaco).

Robert C. Cumbow
 Graham & Dunn PC
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-----Original Message-----
From: Carrie Wilson [mailto:riwilson[_at_]sheltonbbs.com] Sent: Wednesday, October 11, 2000 5:18 PM To: Multiple recipients of list
Subject: COPYRIGHT QUESTION

This is a copy/paste of a query I posted to LM_NET. One respondant suggested I query you. Thank you for your attention in this matter. I don't know why the silly formatting when I copy and paste. Apologies for that.

Our school purchases all of our band music -- each piece (1st trumpets, a copy for
everyone, 3rd trumpet, a copy for everyone, oboe, a copy for each, etc.) BUT,
because students lose and/or mutiliate their music, the band director has taken
to filing the original, purchased pieces and making a copy for each student. This
way, if the tuba player loses his piece, the entire band doesn't suffer. Is this a
violation, since our intent is NOT to keep the copyright holder from any due $$$? The copies are NOT kept.

Carrie Wilson, K-12 SLMS
North Pemiscot R-1
Wardell, MO 63879
riwilson[_at_]sheltonbbs.com

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