Re: fair use of a thesis?

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Tue, 7 Sep 1999 17:12:26 -0400 ()

On Fri, 27 Aug 1999, Danny Shapiro <danny.shapiro[_at_]orst.edu> wrote:
>
> A questioned for the list members to consider this possible scenario:
>
> A student writes a master thesis to complete a graduate degree
> program. The student puts a copyright notice on the bound thesis,
> a copy of which is placed in library stacks after graduation from
> the University. Several years pass, and one fine day the former
> student/author gets a newspaper clipping in the mail from a friend.
> The clip comes from a well known weekly newspaper with article that
> is based entirely on his or her thesis. The "author" of the story
> is a staff member of the newspaper who read thesis and summarized
> the contents for short feature story using direct quotes and entire
> passages from the original work. The newspaper gives attribution,
> but did not get permission or contact the original author. The
> publisher believes it is "fair use", the former student is a little
> upset because of the time and effort put into writing and creating
> the work and is.
>
> Has the "original author" work been infringed? or is it fair use?
>
> I would appreciate your thoughts.

It seems to me (not a legal opinion, etc.) that this question hinges on the nature and extent of what was quoted exactly. Any summarizing of the thesis would be permitted, if a true paraphrase/summary, because the ideas in the work are not protected, etc. There was full attribution, so there is no concern about "passing off", etc.

Cheers,

Bernard Katz, Head, Special Collections and Library Development
McLaughlin Library, University of Guelph, Guelph, ON  Canada  N1G 2W1
         and Chair, Ontario Library Association Copyright Task Force

e-m: bkatz[_at_]uoguelph.ca // v: 519-824-4120, ext.2089 // fax: 519-824-6931 Received on Tue Sep 07 1999 - 21:14:54 GMT