Re: Fair use

Bernie Campbell wrote on 27/02/2006 07:30 PM:

> I am an K-6 educator in Southwestern PA. My question is about
> images on the internet. If a student is doing a PowerPoint
> presentation about spiders, and includes several pictures from
> several different web sites. Is this a copyright infringement?

Allow me to give, only for interest sake, the answer which would have applied to you if you were a South African (it is always interesting to see how different countries deal with the issue).

The American concept of "fair use" does not exist in South Africa, but there is such a thing as "fair dealing", which basically means that you shouldn't use more than is reasonable (and what is reasonable, is ultimately decided by the judge in court). However, specific mention is made of using materials for educational purposes. The relevant sections in the South African Copyright Act of 1978 are:

[a98y1978s12]12 General exceptions from protection of literary and musical works

(4) The copyright in a literary or musical work shall not be infringed by using such work, to the extent justified by the purpose, by way of illustration in any publication, broadcast or sound or visual record for teaching: Provided that such use shall be compatible with fair practice and that the source shall be mentioned, as well as the name of the author if it appears on the work.

[a98y1978s15]15 General exceptions from protection of artistic works

(4) The provisions of section 12 (1), (2), (4), (5), (9), (10), (12) and (13) shall mutatis mutandis, in so far as they can be applied, apply with reference to artistic works.

If I understand the American "fair use" principle correctly, it is not required in America to mention the source nor to mention the name of the author as long as the use falls within the boundaries of "fair use", am I right?

Samuel Received on Tue Feb 28 2006 - 22:15:00 GMT