Especially if it's systematic.  I freely admit up front that I'm by no means an expert.  A copy right lawyer could give a better (i.e., more solid) opinion, but looking at it from a cautious user standpoint, the " to distribute to the students of a class over the course of the term" aspect takes it out of fair use.  Safest route?  Get permission.


William F. Nichols, MLS | Director of Library Services |Edward Via College of Osteopathic Medicine | 
350 Howard Street|Spartanburg, SC 29303| Office: 864-327-9852  Fax: 864 804-6986
(The views and opinions expressed here are not necessarily those of the Edward Via College of 
Osteopathic Medicine, and they may not be used for advertising or product endorsement purposes.)

-----Original Message-----
From: Medical Libraries Discussion List <[log in to unmask]> On Behalf Of Paul Tremblay
Sent: Monday, July 22, 2019 11:54 AM
To: [log in to unmask]
Subject: Re: copyright question

There is no "amount" mentioned or permitted, per se, in section 107 (Fair Use). Or, for that matter, in section 110 dealing with educational and pedagogical settings. A judge would examine if the heart and soul of a book (fiction or nonfiction) has been unduly copied and distributed.
I would venture that 20% is a sizable amount, this being said. To copy and distribute (in print or online, as per the TEACH Act) 30 chapters of a total of 140 would titillate an IP attorney's interest, that's for sure.
Another concern is the licensing: if you have purchased an e-book and the licensing agreement is that no copy, whatsoever, of the monograph be distributed (individual purchase, for instance), then that's looking for trouble. However, if you have purchased a license which ALLOWS you to do just that (an e-book which can be viewed/printed off-campus or on-campus, for instance), so you're in the clear.
If it is a print book, it is doubtful that 20% of the entire book be permitted to be copied and distributed freely. For all intents and purposes, when a library purchases a print book, you purchase a one-user license.
Sorry if the answer is confusing. Bottom line: No, I don't think it's legal.

Paul Tremblay

On Mon, Jul 22, 2019 at 11:43 AM Elizabeth Wright, MLS < [log in to unmask]> wrote:

> Hi everyone,
> Can someone refresh my understanding of what copyright may or may not 
> allow in the following situation?  In a non-profit educational 
> setting, is it permissible to copy 20% of a book's content (30 of 140 
> chapters) to distribute to the students of a class over the course of 
> the term?  The library purchased a single copy of the title in print.  
> My fair use concerns relate to "amount and substantiality" and "effect 
> on the potential market".
> Any insight & feedback is appreciated.
> Thank you,
> Elizabeth
> Elizabeth Wright, MLS, AHIP
> Director of Library Services
> Arkansas Colleges of Health Education
> ACHE Library
> 7000 Chad Colley Blvd.
> Fort Smith, AR 72916
> (479) 308-2303
> [log in to unmask]<mailto:[log in to unmask]>

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