- FAIR USE NOTICE. Many
of the stories on this site contain copyrighted material whose use has
not been specifically authorized by the copyright owner. We are making
this material available in its efforts to advance the understanding of
environmental issues and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this constitutes a
'fair use' of the copyrighted material as provided for in Section 107 of
the US Copyright Law. If you wish to use such copyrighted material for
purposes of your own that go beyond 'fair use'...you must obtain permission
from the copyright owner.
FAIR USE NOTICE. This site contains copyrighted
material the use of which has not always been specifically authorized by
the copyright owner. We are making such material available in our efforts
to advance understanding of environmental, politica, human rights, economic,
democracy, scientific, and social justice issues, etc.. We believe this
constitutes a 'fair use' of any such copyrighted material as provided for
in section 107 of the US Copyright Law. If you wish to use copyrighted
material from this site for purposes of your own that go beyond 'fair use',
you must obtain permission from the copyright owner.
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- In accordance with Title 17 U.S.C. Section 107,
the material on this site is distributed without profit to those who have
expressed a prior interest in receiving the included information for research
and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
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- United States Code: Title 17, Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html
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- Notwithstanding the provisions of sections 106
and 106A, the fair use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that section,
for purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall
include - (1) the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work; (3) the amount and substantiality
of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself
bar a finding of fair use if such finding is made upon consideration of
all the above factors.
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- United States Code: Title 17, Section 106 Chapter
1 - Subject Matter And Scope of Copyright http://www4.law.cornell.edu/uscode/unframed/17/106.html
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- Subject to sections 107 through 120, the owner
of copyright under this title has the exclusive rights to do and to authorize
any of the following: (1) to reproduce the copyrighted work in copies or
phonorecords; (2) to prepare derivative works based upon the copyrighted
work; (3) to distribute copies or phonorecords of the copyrighted work
to the public by sale or other transfer of ownership, or by rental, lease,
or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to
perform the copyrighted work publicly; (5) in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and pictorial, graphic,
or sculptural works, including the individual images of a motion picture
or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly
by means of a digital audio transmission.
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- TO: Members of the Faculty, Hoover Institution
Fellows,
- Academic Staff, and Library Directors
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- FROM: Condoleezza Rice, Provost
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- RE: Copyright Reminder
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- October 30, 1998
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- This memorandum provides a general description
of the applicability of the copyright law and the so-called "fair
use" exemptions to the copyright law's general prohibition on copying.
It also describes "safe harbor" guidelines applicable to classroom
copying.
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- The federal copyright statute governs the reproduction
of works of authorship. In general, works governed by copyright law include
such traditional works of authorship as books, photographs, music, drama,
video and sculpture, and also software, multimedia, and databases. Copyrighted
works are protected regardless of the medium in which they are created
or reproduced; thus, copyright extends to digital works and works transformed
into a digital format. Copyrighted works are not limited to those that
bear a copyright notice. As a result of changes in copyright law, works
published since March 1, 1989 need not bear a copyright notice to be protected
under the statute.
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- Two provisions of the copyright statute are of
particular importance to teachers and researchers:
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- * a provision that codifies the doctrine of "fair
use," under which limited copying of copyrighted works without the
permission of the owner is allowed for certain teaching and research purposes;
and
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- * a provision that establishes special limitations
and exemptions for the reproduction of copyrighted works by libraries and
archives.
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- The concept of fair use is necessarily somewhat
vague when discussed in the abstract. Its application depends critically
on the particular facts of the individual situation. Neither the case law
nor the statutory law provides bright lines concerning which uses are fair
and which are not. However, you may find it helpful to refer to certain
third party source materials. Guidelines for classroom copying by not-for-profit
educational institutions have been prepared by a group consisting of the
Authors League of America, the Association of American Publishers, and
an ad hoc committee of educational institutions and organizations. In addition,
fair use guidelines for educational multimedia have been prepared by a
group coordinated by the consortium of College and University Multimedia
Centers (CCUMC). These guidelines describe safe harbor conditions, but
do not purport to define the full extent of "fair use."
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- The guidelines, as well as other source material,
are available through a variety of resources, including through the world
wide web site http://fairuse.stanford.edu. Stanford University Libraries
& Academic Information Resources, in collaboration with the Council
on Library Resources and FindLaw Internet Legal Resources, are sponsors
of this web site. The site assembles a wide range of materials related
to the use of copyrighted material by individuals, libraries, and educational
institutions.
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- I hope that the discussion below helps to clarify
further the nature of "fair use."
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- I. Fair Use for Teaching and Research
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- The "fair use" doctrine allows limited
reproduction of copyrighted works for educational and research purposes.
The relevant portion of the copyright statue provides that the "fair
use" of a copyrighted work, including reproduction "for purposes
such as criticism, news reporting, teaching (including multiple copies
for classroom use), scholarship, or research" is not an infringement
of copyright. The law lists the following factors as the ones to be evaluated
in determining whether a particular use of a copyrighted work is a permitted
"fair use," rather than an infringement of the copyright:
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- * the purpose and character of the use, including
whether such use is of a commercial nature or is for nonprofit educational
purposes;
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- * the nature of the copyrighted work;
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- * the amount and substantiality of the portion
used in relation to the copyrighted work as a whole, and
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- * the effect of the use upon the potential market
for or value of the copyrighted work.
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- Although all of these factors will be considered,
the last factor is the most important in determining whether a particular
use is "fair." Where a work is available for purchase or license
from the copyright owner in the medium or format desired, copying of all
or a significant portion of the work in lieu of purchasing or licensing
a sufficient number of "authorized" copies would be presumptively
unfair. Where only a small portion of a work is to be copied and the work
would not be used if purchase or licensing of a sufficient number of authorized
copies were required, the intended use is more likely to be found to be
fair.
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- A federal appeals court recently decided an important
copyright fair use case involving coursepacks. In Princeton University
Press, et.al. v. Michigan Document Services, the U.S. Court of Appeals
for the Sixth Circuit concluded that the copying of excerpts from books
and other publications by a commercial copy service without the payment
of fees to the copyright holders to create coursepacks for university students
was not fair use. The size of the offending excerpts varied from 30 percent
to as little as 5 percent of the original publications. Although the opinion
in this case is not binding in California, it is consistent with prior
cases from other courts, and there is a reasonable likelihood that the
California federal courts would reach a similar conclusion on similar facts.
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- Where questions arise, we suggest that you consult
the guidelines for classroom copying and other available source material
available on the fair use web site, cited above. Please note that the guidelines
are intended to state the minimum, not the maximum, extent of the fair
use doctrine. Thus, just because your use is not within the guidelines,
it is it not necessarily outside the scope of fair use. In the absence
of a definitive conclusion, however, if the proposed use deviates from
the guidelines, you should consider obtaining permission to use the work
from the copyright owner. In instances where the fair use question is important
and permission would be difficult or expensive to obtain, a member of the
Fair Use Advisory Group (described below) or the Legal Office can assist
in analyzing whether a particular proposed use would constitute "fair
use."
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- Some photocopying services will obtain copyright
permission and add the price of the royalties, if any, to the price of
the materials. A request to copy a copyrighted work should generally be
sent to the permission department of the publisher of the work. Permission
requests should contain the following:
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- * Title, author, and/or editor, and edition
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- * Exact material to be used, giving page numbers
or chapters
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- * Number of copies to be made
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- * Use to be made of the copied materials
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- * Form of distribution (classroom, newsletter,
etc.)
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- * Whether the material is to be sold
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- Draft form letters can be obtained from or reviewed
by a member of the Fair Use Advisory Group or the Legal Office.
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- For certain works, permission may also be sought
from the Copyright Clearance Center (CCC) which will quote a charge for
works for which they are able to give permission. The Copyright Clearance
Center can be contacted at www.copyright.com or (978) 750-8400, but it
may be easier to go through a copying service that deals regularly with
the CCC.
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- II. Course Reserves
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- Some libraries at Stanford will refuse to accept
multiple photocopies or to make photocopies of copyrighted materials needed
for course reserves without first having permission from the copyright
holder. Other libraries on campus will accept a limited number of photocopies
for course reserves. Consult individual libraries for clarification of
their policies.
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- While the libraries have blanket permission from
dozens of journals, obtaining permission sometimes takes a good deal of
time. Experience in obtaining permission has shown that an inquiry addressed
to a journal publisher frequently produces information that the copyright
is actually held by the author, and four weeks is often inadequate to obtain
such permission. Four to six weeks is considered the norm.
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- Permission may be obtained in a number of ways:
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- * Upon request, some libraries on campus will
obtain materials for course reserve. In these cases, the librarian will
write to obtain permission to photocopy or to purchase reprints. However,
most libraries do not provide this service.
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- * Written permission may be obtained by the academic
department.
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- * Oral permission may be obtained by faculty
members, departmental secretaries, or library staff, in which case a written
record is needed of that action.
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- Note that filling course reserve requirements
may require two to three months before the quarter begins if the library
does not already have a copy of the publication, if the publication is
out of print, or if the copyright holder is not readily available.
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- III. Resources
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- Additional information on copyright issues may
be found on the world wide web site http://fairuse.stanford.edu.
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- Questions about the copyright law as it affects
faculty and staff in their University capacities should be directed to
a member of the Fair Use Advisory Group (see attachment) or to Linda Woodward
in the Legal Office (3-9751), who can put you in touch with the appropriate
lawyer to respond to your specific question. Questions about library policy
and course reserves should be addressed to Assunta Pisani, Associate Director,
University Libraries (apisani@sulmail or 3-5553). Information concerning
the application of copyright law to computer software can be found in the
memorandum "Copying of Computer Software" distributed by the
Library and Information Resources and in Administrative Guide Memorandum
62.
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- Thank you for your cooperation in ensuring the
observation of these guidelines.
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