RE: Re: Fair Use in UK

Nancy wrote:
> Just one more question. I did not see any specific reference
> to what would be considered an acceptable practice here in
> the US -- which is a teacher making classroom copies of a
> small amount of material on a one time, immediate need,
> basis. This is different from a coursepack, which implies
> more time for planning and the opportunity to pay for a license.

This would be covered by the fair dealing for the purpose of research and study provisions.
In Australia, there are legislative guidelines about how much can be copied for literary works (any piece of writing regardless of its literary value).
In particular, copying a complete article or a "reasonable portion" is a fair dealing.
http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s40.html

Schedule 3 to the Regulations suggests that one or more articles on the same subject, at least 10% or 1 chapter of a work more than 10 pages (paper form) or 10% of the words in electronic form is a reasonable portion for research and study. More may be okay but this provides a safe haven.
http://www.austlii.edu.au/au/legis/cth/consol_reg/cr1969242/sch3.html

I believe this would more than protect any reasonable use of a book or collection of newspaper articles in the classroom. For musical, dramatic, or artistic works (including photos accompanying articles or illustrations in books), you would have to resort to the criteria (similar to those for fair use) but the 10% rule would inform that as well. e.g. photocopying up to 10% of a musical score would be reasonable. Whether you could make the analogy from a chapter to a movement of a symphony, I am less sure.

For audio-visual works, there are compulsory licencing schemes.

The UK provision is broader but does not enumerate what is reasonable:
http://www.bailii.org/uk/legis/num_act/cdapa1988289/s29.html

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