Re: Images in high school pubs

On 11/14/98, Jason R. Berne <jberne[_at_]stlnet.com> wrote:
>
> Can anyone recommend a good source for information on the application
> of copyright law to a publication of a private high school?
>
> A friend is the moderator of a literary magazine put out three times
> a year by private high school. The school does charge a nominal fee
> for each copy ($0.25, I think), but does not actively distribute the
> magazine outside the school. I believe they print several hundred
> copies One student wants to use a copyrighted photo that appeared
> locally (and probably elsewhere) in a commercial newspaper. The
> photo is to accompany an original poem of the student.
>
> Would such use fall under "fair use"? Would it matter if the school
> did not charge for that issue of the magazine?
>
> They also have an online edition available through the school's web
> site. Would this affect the analysis?
>
> Lastly, if the school's use (either in print or online) would be deemed
> a copyright infringement, what would be the likely remedy?

If you'd like a legal opinion from competent counsel that the proposed conduct will not lead to liability under the copyright laws, that can happen (if at all) only after detailed study of your situation, which would take time and cost money. Perhaps another way to say the same thing is that no one is going to be able to point to any law or court case that permits the simple and clear conclusion that your proposed conduct is free from liability.

Thus, while I can direct you to some web sites which say quite a lot about copyrights, you should not hold out any hope that any of the sites will contain a no-liability answer to your questions. See http://www.patents.com/copyrigh.sht and other important web sites cited there including the Benedict site and the Library of Congress site.

Carl Oppedahl
<carl[_at_]oppedahl.com> Received on Wed Nov 18 1998 - 17:10:24 GMT