In looking twice at your fact pattern, I don't believe you can legally make copies of full chapters or full journal articles without licensing that content, or otherwise receiving permission from the publisher.
In my view, however, that brief answer really doesn't do enough justice. Instead, you need to know *why this activity wouldn't be covered by any applicable exception (which, in your situation, probably includes more than fair use under Section 107).
The best thing you can do for yourself is to understand why this activity likely would not pass a copyright smell test. I suggest you peruse CopyCense's Library & Information Science archive [http:// www.copycense.com/libraries_information_science/index.html] and its Education archive [http://www.copycense.com/education/index.html] for more information and a broader context. Additionally, several articles I have written over the last year will give you a better explanation as to why your proposed action likely runs afoul of copyright law.
CopyCense. Using Copyrighted Works in the Classroom. Jan. 16, 2006. http://www.copycense.com/2006/01/copyright_clear_1.html
CopyCense. Copyright Limitations Risk Analysis. Jan. 9, 2006. http:// www.copycense.com/2006/01/copyright_clear.html
CopyCense. Demystifying Fair Use. March 2, 2006. http:// www.copycense.com/2006/03/demystifying_fa.html
On Oct 16, 2006, at 13:35, Belvadi, Melissa wrote:
> Hello, all.
>
> I work at an independent non-profit higher ed institution, and am
> trying to determine on behalf of my entire faculty whether our
> campus "general services" office, which is the campus copying
> center and is staffed entirely by university employees (no
> outsourcing or profit issues at all), can make photocopies of book
> chapters and journal articles for our faculty to pass out in face-
> to-face classes, under the "multiple copies for classroom use"
> clause. (Currently they refuse to make any copies of anything at
> all that a third party holds the copyright to, in any amount and
> for any purpose.)
>
> I'm trying to find all case law and indeed all incidents anyone
> knows about of cases, even suits that were settled out of court and
> produced no case law, regarding, in the non-profit higher education
> context copying entire scholarly journal articles and book chapters
> by the campus' own full-time employees for face-to-face in-
> classroom use. I'm not concerned about multimedia, or electronic
> anything, but simple paper copies of entire journal articles, or
> entire book chapters (but not an entire book) that would be passed
> out to students in a direct face-to-face class.
>
> I'm aware of the MDS case, but am a bit confused as to how much of
> the decision rode on an outside for-profit entity doing the
> copying. I'm also aware of the NACS/AAP "Guidelines" but I've also
> been told that campus bookstores have a different, almost for-
> profit, legal status even at a non-profit institution so that might
> not apply to my situation.
>
> I haven't been able to find a single copyright case involving
> print, non-fiction sources at a non-profit higher ed site where
> there were absolutely no connections in the case to any for-profit
> business.
>
> Please don't ask why a librarian is doing this instead of a
> university attorney.
>
> Thanks for any assistance you can give!
>
> Melissa Belvadi
> Systems and Services Librarian
> Maryville University Library
> 650 Maryville University Drive, St. Louis, MO 63141
> mbelvadi[_at_]maryville.edu
> 314-529-9531
> Fax: 314-529-9941
>
>
Received on Tue Oct 17 2006 - 02:20:00 GMT
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