At 09:28 PM 6/10/97 -0500, you wrote:
>Do I misunderstand from the paragraph below  ...   Is it all right to copy
>works because the school can't afford it, and if the teacher didn't copy it,
>the student couldn't get the benefit of it???  The statement that "material
>handed out if a very limited portion of the work is your assumption but does
>not fit with the facts.

See Robert Baron's comments on the function of copyright law--it is not
solely to protect authors but also to advance knowledge, etc.

>Does "some people go overboard" mean "some teachers do violate the copyright
>law by copying materials?"

Of course--do you know any rule not violated by some?

>Is the opinion about software a legal one or just somebody's impression???

Obviously it's my  reading of the quoted section; it also is, I believe, a
widely used rule of thumb.  I think you'll find that legal opinions differ
somewhat and often are of the form, "likely the courts would hold...."

>Perhaps we need some legal opinion here rather than individual speculation
>and wishful thinking...  And justification for the copying...

Once again, read  "SECT107. Limitations on exclusive rights: fair use" as
provided by Robert Baron.
>
>george

>>>>         SECT107. Limitations on exclusive rights: fair use
>>>>
>>>>
>>>>           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.

Cheers,

Art Harris
Laboratory for Environmental Biology, Centennial Museum
University of Texas at El Paso, El Paso, TX  79968-0519
[log in to unmask]              (915) 747-6985
http://www.utep.edu/leb     http://www.utep.edu/museum