Re: Coursepacks

On 6/22/98, George L. Abbott <glabbott[_at_]library.syr.edu> wrote:
>
> Two comments on the issue brought forth on this topic.
>

[snip]
>
> The second comment is what I see as being at the very heart of the
> coursepack discussion and what Kinko, Gnomon and other related cases
> are all about -- the creation of anthologies. This is specifically
> prohibited under the Guidelines for Classroom Copying (Section III,A)
>
> "Copying shall not be used to create or to replace or substitute for
> anthologies, compilations or collective works. Such replacement or
> substitution may occur whether copies or various works or excerpts
> therefrom are accumulated or reproduced and used separately"
>
> There is also a clause in these guidelines which state that copying
> may not "be directed by a higher authority"
>
> It is these latter areas that I think David should consider in
> relation to his question about the distribution of readings.

As Rob Kasunic pointed out in a subsequent posting, the Guidelines are not binding law and are, in any event, explicitly crafted as a 'minimum safe harbor,' not as an authoritative statement of the boundaries of fair use in the educational context. [Ann Bartow, of U Idaho Law School, has shared with me a draft of a piece she's writing making this argument in detail ...]

David

David Post
<postd[_at_]erols.com> Received on Mon Jun 29 1998 - 13:42:23 GMT