Re: the boundaries of educational use

From: Ruth H. Dukelow <rhdukelo[_at_]LIBOFMICH.LIB.MI.US>
Date: Tue, 1 Mar 1994 08:20:43 -0500 (EST)

It depends on what you are copying, how much you are copying, and who (or what institution) is doing the copying. For educational guidelines for section 107 Fair Use copying, see _The Official Fair Use Guidelines_ 4th edition, Copyright Information Services, Inc., 1989 (ISBN 0-914143-21-2). For details on photocopying under section 108, see my book,Ruth H. Dukelow, _The Library Copyright Guide_, Washington, DC: AECT, 1992 (ISBN 0-89240-067-6). When photocopying a PORTION of a book, section 107 or 108 and guidelines should be followed. If your proposed copying does not fall under section 107 or 108, written permission should be obtained from the copyright owner.

Except in limited circumstances, copying entire books is usually NOT permissible without obtaining prior written permission from the copyright owner. Some exceptions include (1) copying unpublished works under the provisions of section 108(b) for preservation/security by a library or archives or for deposit for research use in another library or archives and (2) copying replacement works for a library or archives if original is damaged, deteriorating, lost, or stolen and an unused replacement cannot be obtained at fair price (section 108(c)).

Your message did not indicate whether any of these exceptions would apply.

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Ruth H. Dukelow			rhdukelo[_at_]libofmich.lib.mi.us
Library of Michigan			phone: (517) 373-3617
P.O.Box 30007				fax: (517) 373-5700

Lansing, MI 48909
Disclaimer: My opinions and postings are not those of my employer.

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On Mon, 28 Feb 1994, Peter Cannell wrote:
>
> Further to Michael Roy's question about distributing images for an
> educational vs commercial purpose, what actually are the the guidelines
> for copying and distributing text within an educational context? A
> rather fundamental question, but seem to be having trouble getting
> guidelines. Specifically, here at the Smithsonian, books are copied,
> seemingly in rather large numbers, for researchers. The internal party
> line seems to be that since it is "educational" it is ok. I doubt that,
> but would appreciate any comment or advice about what curbs or precedents
> exist within an educational institution.
>
> Peter F. Cannell
> Science Editor, Smithsonian Institution University Press
> sipad002[_at_]sivm.si.edu
> voice: 202/287-3738 ext. 328 fax: 202/287-3637
Received on Tue Mar 01 1994 - 13:51:51 GMT