Re: Florida Pre-paid v. College Savings Bank

On Tue, 13 Jul 1999, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> I think you're ignoring the use of the word "such." Read correctly,
> the quoted phrase means
>
> The fair use of a copyrighted work, including *fair* use by
> reproduction in copies and phonorecords ... for purposes such
> as ... teaching (including multiple copies for classroom use),
> scholarship, or research, is not an infringement of copyright.
>
> This stands for the rather unremarkable proposition that a fair use in
> a teaching environment is a fair use.
>

Well, it means a bit more than that. It reacts to the pre-1976 sentiment of some that the making of multiple copies *per se* could not be a fair use. I think the statute means that multiple copies for classroom use *can* qualify for fair use, though it doesn't mean they have to.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Wed Jul 14 1999 - 15:33:33 GMT