[Buddha-l] Fair Use behind Closed Classroom Doors

[jkirk]

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
============
JK:  

1) Last I looked it is contentious. Jamie's idea as to how to
manage your pdf is excellent. The point is, making it available
in a password protected manner is not discouraging the sale of
the $150.00 book! What students will fork over that kind of money
for a book (unless they are at MIT)?

2) As to legality? I'd forget about it. If you asked copyright
lawyers you'd get different answers. Publishing online and open
source is slowly but surely moving away from the old
publisher-enforced anal restrictions.

3) Just try negotiating with any university press today, for
sheer frustration and no flexibility. 
IMO, I got scrod by my publisher in that they sent out so few
review copies that I had to round up said copies myself after
locating the various journals to which they needed to go, as well
as noticing that after 6 months they had stopped doing anything
to market my item; had to deal with the editor from hell (as
agreed by other colleagues as well as myself); and now that they
sold only 10 copies last year (my pub. date was 2003) that were
not sold to me, am figuring out out how to get my distribution
rights back.

Best, Joanna