Re: Derivative Inquiry

I agree that it is not a distribution. But, it may be a derivative work. I don't think so and I don't see a violation here. If nothing else, you have both fair use and first sale doctrine at your disposal.

Steve

On Aug 24, 2006, at 6:25 PM, Jason sheperd wrote:

> We are researching an issue and it appears that the practice is ok
> (as in not infringing activity) but I wanted to get the collective
> wisdom of the listserv.
>
> A preschool daycare buys age apprpriate workbooks for its students,
> removes the pages and puts them in plastic in a binder (the binder
> has all pages, cover, title page, etc) so that the teachers can
> work with each student using a dry-erase marker on the plastic.
> This way the daycare only has to purchase a couple sets for use
> with all of its students. No photocopying is taking place. Our
> research indicates this is not a violation of the distribution
> right or derivative work right. Do you all agree?
>
> Jason
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
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I say it just
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