The questions asked is:
>
> She wants her students to have some experience administering and analyzing
> various psychological scales such as the Clinical Management Package (CMP).
> The scales are copyrighted. Her students will administer them to individuals
> at outside cooperating agencies and prepare analyses for class. The results
> will not be published and no one will see the results except the students and
> the professor.
>
> Her question is whether she is exempt from the copyright law as educational
> fair use. I suspect she is not and that she or her students must request
> copyright clearance. Has anyone out there had related experience?
This is a rather tough case. She and her students have a good shot at fair use. This is research unrelated to any commercial venture. This is a test which is not being use for a test so there is not much chance of an injury to the holder's market. So even though she is copying the entire test I think she has a strong case for fair use.
Don Berman --
+--------------------------------------------------------+
| Donald H. Berman | (617) 373-3346 |
| Richardson Professor of Law | FAX: (617) 373-8793 |
| Northeastern University | Internet: |
| School of Law | berman[_at_]ccs.neu.edu |
| 400 Huntington Ave. | |
| Boston, MA 02115 | |
+--------------------------------------------------------+
Received on Sun Sep 26 1993 - 20:40:27 GMT
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