RE: Re: Distribution of personal study guide

From: <tja[_at_]>
Date: Fri, 27 Jan 2006 15:20:00 -0500

David Bozak wrote:

> So what is the fair use situation? I'm having a hard time understanding
> a person (student or otherwise - we're ALL students, aren't we? at least
> the school of hard knocks) who wants to give someone else a CD (or 30
> others?) is educational? How is that different than me giving my neighbor
> CD? Is that "educational'?

If the CD was created and given to assist students who are undertaking a course of study, as opposed to wanting some cool pictures to display on their screen, surely that is a factor the courts would consider! I believe in Australia this would make all the difference (we have no general fair use provision but have specific provisions for fair dealing for study purposes or criticism). I believe US courts would consider this as a factor also but don't have a strong feel for which way they would lean. Courts tend to cut students slack but not necessarily institutions. Giving credit is good academic practice even if it doesn't affect the legal position (it does in some jurisdictions and not in others).

There is also the issue as to whether copyright subsists in the images if the underlying works are not copyrighted. There is an argument that a photograph of a 300 year old painting is a reproduction and does not have separate copyright in some jurisdictions.

| Tim Arnold-Moore, Ph.D., LL.B., B.Sc. (Hons)
| Address:  SAIC Pty Ltd
|           PO Box 599
|           Carlton South 3053
|           AUSTRALIA
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|	simul iustus et peccator
Received on Sat Jan 28 2006 - 01:20:00 GMT

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