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Several people asked me to inform the list about the responses I have
received on the issue of a student getting in trouble for copying one
chapter of a book.  By the way, the faculty member just happened to see
the chapter in her hands one day between classes (several people asked
me about that).
I received many emails sympathetic towards the student.  Some have even
offered to buy her a copy of the book.  Some have said that she should
hire a lawyer and see how far she can take this which could potentially
change copyright policy.  Others think the library should stay out of
this as much as possible because this could get messy very quickly. 
Many have pointed out the faculty member’s conflict of interest as he is
both author and teacher of the class.  Several people realized the
conundrum when they started looking into this.  Fair use means you need
to meet four requirements.  
1. Nature and purpose of the use (i.e. whether for private use or
commercial distribution)
2. Nature of the work
3. Amount of portion copied in relation to work as a whole
4. Effect on potential market.

The conundrum is if this would have an effect on the potential market. 
As this book is required reading for the class, would the student have
purchased the book if she could not copy that one chapter, or would she
just borrow the book from the library or from a friend?  Has she been
borrowing the book to study the other chapters? I can even open up a
whole can of worms and take it further.  What does that say about an
academic library who buys books that are required reading in classes? 
Does that mean that the library is not in compliance with fair use
practices?  The library has a much larger effect on the potential market
of required textbooks than the student. 
There’s a lot of information on fair use as it applies to faculty and
librarians.  I received several sites on the subject from you all.  This
is the most comprehensive of the lists. In many of these, there are ways
I could make arguments both for and against the student, but only
indirectly as they are written for another audience. 
 
American Library Association (ALA) Copyright
http://www.ala.org/ala/professionalresources/atoz/copyright/copyright.cfm

Library-related copyright information
 
Berne Convention for the Protection of Literary and Artistic Works
(Paris Text 1971)
http://www.law.cornell.edu/treaties/berne/overview.html 
 
Consortium of College and Media Centers Copyright Matters
http://www.ccumc.org/copyright-matters 
 
"Copyright & Fair Use" - Stanford University Libraries
http://fairuse.stanford.edu/ Stanford University Library has a very
good site that provides links to primary statutes and regulations as
well as links to other sites that will help you get a better handle on
how to apply the Fair Use provisions of the law.
            See also, the Stanford University site, Fair Use Project
            http://cyberlaw.stanford.edu/taxonomy/term/374 
 
Copyright and Image Management
http://www.utsystem.edu/OGC/IntellectualProperty/image.htm#apply
by Georgia Harper, Office of General Counsel University of Texas
System
 
Copyright and Images @2Learn.ca
http://www.netknowhow.ca/nkhcrimg.html
 
Copyright Clearance Center
www.copyright.com
 
"Copyright on the Internet" by Thomas G. Field, Jr.
http://www.piercelaw.edu/thomasfield/ipbasics/copyright-on-the-internet.php
Field is a professor of Law, at the Franklin Pierce Intellectual
Property Law Center.
 
Fair Use & Licensed Uses - Indiana University Libraries
http://www.libraries.iub.edu/index.php?pageId=6123
 
Copyright Site
http://www.thecopyrightsite.org/index.html
 
Cornell University - Cornell Copyright Decision Tree (pdf)
http://copyright.cornell.edu/resources/docs/Copyright_Decision_Tree.pdf

 
Cornell University Fair Use Checklist
http://copyright.cornell.edu/policies/docs/Fair_Use_Checklist.pdf
 
Cornell University - Copyright Term and the Public Domain in the United
States http://copyright.cornell.edu/resources/publicdomain.cfm 
Based on a number of authoritative sources. Current as of January 1,
2010.
 
"Crash Course in Copyright"  
University of Texas Office of General Counsel
http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm#top 
One of the best websites for information on copyright (including
information on images). 
            See section: "Crash Course: Copyright in the Library"
           
http://www.utsystem.edu/OGC/IntellectualProperty/l-intro.htm 
            NB:  section on Fair Use: Reserve Room Operations,
Electronic Copies
 
Electronic Reserves Copyright Policy
Welch Medical Library at Johns Hopkins
http://www.welch.jhu.edu/ereserves/copyright.html
 
Internet Graphics and Images
Honor Graphic Artists. Don't be a bandwidth bandit!
http://www.webwinds.com/graphics/copyright.htm
This is a collection of websites with information specific to copyright
law and protection of internet graphics and images
 
Kodak Copyright Guidelines
http://www.kodak.com/global/en/consumer/doingMore/copyright.shtml
"The Board of Directors of the American Society of Media Photographers,
the Professional Photographers of America, Photo Marketing Association
International, the Association of Professional Color Imagers, the
Professional School Photographers Association International and the
Coalition for Consumers' Picture Rights, adopt the following guidelines
concerning copyright practice for members of the photo industry."
 
Libraries' Interlibrary Loan (ILL) & Copyright Guidelines - Auburn
University http://www.lib.auburn.edu/ill/illpolicies.php 
Explains CONTU and the rule of five
 
Lolly Gasaway's Copyright Corner
http://www.unc.edu/~unclng/WEBPAGEINDEXCOPYCORNER.htm
Laura (Lolly) Gasaway, Director of the Law Library & Professor of Law,
University of North Carolina selection of articles from Special
Libraries Association's publication, Information Outlook.
 
Medical Library Association. Copyright Law and the Health Sciences
Librarian.
55 pages, revised 2007,
http://www.mlanet.org/members/copyright/index.html
Written especially for health sciences librarians, and is in Q&A
format. Free for MLA members.
 
Medical Library Association, Governmental Relations Committee,
"Copyright Management Guidelines."
http://www.mlanet.org/government/positions/copyright_mgmt.html
 
U.S. Copyright Office
http://www.copyright.gov/
 
U.S. Copyright Office - Digital Millennium Copyright Act Study
http://www.copyright.gov/reports/studies/dmca/dmca_study.html 
 
Use of Copyrighted Materials for Educational and Research Purposes -
Purdue University
http://www.purdue.edu/policies/pages/teach_res_outreach/b_53.html 
 
When US Works Pass Into the Public Domain
http://www.unc.edu/~unclng/public-d.htm 
Chart by copyright expert, Laura (Lolly) Gasaway, Director of the  Law
Library & Professor of Law, University of North Carolina (see link,
above)
 
WIPO - World Intellectual Property Organization
http://www.wipo.int/portal/index.html.en 
 
There are several sites on this list I have gone back to multiple
times: ALA, MLA, Copyright Clearance Center, Stanford, and UT System
websites.   On the UT site, there is a statement on how judgments will
usually be ruled in favor of fair use if the first three criteria are
met. 
“Courts deal with this propensity of the fourth factor to encourage
circular reasoning by looking at the first three factors before
evaluating the fourth. If the first three factors indicate that the use
is likely fair, courts will not permit the fourth factor to convert an
otherwise fair use to an infringing one. On the other hand, if the first
three factors indicate that the use is likely not fair, courts are
willing to consider lost revenues under the fourth factor. In this case
they do not have to assume the conclusion in order to reach it. They
reach the conclusion based on good evidence that the use is not fair.
This means that if a use is tipping the balance in favor of fair use
after the first three factors, the fourth factor should not affect the
results, even if there is a market for permissions, even if the owner
would lose money because of the use.” 
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#research
I was still amazed on the lack of information on copyright that it
applies to students.  Then I got an email with four links to
universities’ copyright policies.  As the person who emailed it would
like to not have her email goes public on the listserv, I will just say
that the links she gave me showed that these universities have policies
stating that they accept that students can copy one chapter of a book
for a class under the standards of “Fair Use.”
Thank you all for arming me with this information.  There are some good
points in here that the library can use when this comes up in a meeting
on this issue next week.  We now have a more solid understanding of how
to address this case.  I will let you know what happens once a decision
is made.
 
 
 
Karen E. Bülow, MLS, AHIP
Research and Reference Librarian
Texas Chiropractic College
5912 Spencer Highway
Pasadena, TX 77505
P: 281-998-6052
F: 281-487-4168