Georgia Harper's analysis of the Naylor problem has much to recommend
it - but it is not without risk. First, it assumes that non-profit
educational institutions can essentially do what commercial copying
centers can not do. That may be right - but it is not self evident.
I am not as convinced that if I made 120 copies of 6 complete articles for distribuiton to my students that I would come within fair use. I am not convinced that I am stronger ground merely because the 120 students have to access the material electronicly.
What is important about Gerogia's response is that we have a lawyer who represents a major university suggesting that we do not have to always cave in when the issues are cloudly. Unless universities have aggressive representation the law will become the most favorable to the publishers by default.
--Don Berman Received on Mon Sep 20 1993 - 20:46:39 GMT
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