[Buddha-l] Fair Use behind Closed Classroom Doors

Franz Metcalf franz at mind2mind.net
Tue Mar 3 13:22:51 MST 2009


Gang,

I've given this thread a new subject line, as we've entered a new  
discussion.

Thanks, Jamie and Joanna, for bucking me up!

Your thoughts lead me to two closely related questions and a follow-up:

1) What is the current limit on "fair use" in academia? Last I  
checked, restrictions were so onerous that Cal State LA (a very large  
and, I reckon, sue-able institution) made it almost impossible for me  
to reprint anything useful in a reader. I took to using *only* web  
resources and skipping printing altogether. Which leads to...

2) This intriguing notion of Jamie's that putting a (technically)  
single digital copy of something on a course site is NOT like making a  
reader, but rather like putting a copy on reserve at the library. As I  
said, I've long since moved to online course materials, but shied away  
from copyrighted material (other than my own, where I have indeed bent  
the rules--sorry Ulysses Press). Aside from the fact that publishers  
are very unlikely to learn of or prosecute such re-publication, does  
anyone have opinions on the legality of such use?

and

3) Has anyone here attempted to add a waiver allowing this sort of re- 
publication to a contract for writing a chapter/article/book? Any luck?

Thanks for pushing this conversation forward,

Franz


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