At 10:48 AM 9/17/97 -0500, George Bauer wrote:

>Fair use DOES NOT extend to making multiple copies of copyrighted materials
>in order to avoid purching additional copies.
>
>Teachers and schools have felt so deprived that they think they have special
>privileges in copying others works.  They have dont it forever; have you
>watched them in front of the xerox machine???  And it doesn't make any
>difference if they consider themselves good people with good motives; doing
>it FOR THE CHILDREN.  In my opinion, it is still a violation of the
>copyright law.
>
>I don't understand the IMPORTANCE issue.  Does IMPORTANCE justify what I
>consider to be stealing the intellectual property of another???

Mr. Bauer should read section 107 of the copyright act which gives the
right of fair use to certain educational and other users of copyrighted
intellectual property.  It is reproduced below.  The issue of IMPORTANCE
goes to the rationale behind copyright, which exists not merely to protect
the rights of the creator, but, rather, to advance society and
civilization.  Creators are given rights in order to encourage the creation
of new works, but when those rights would otherwise interfere with the
advancement of society, or when there are important public goals which must
be met outside of copyright, then those rights may be abridged.

Those readers encountering section 107 for the first time should note that
there are no specific rights given to education, but in determining fair
use, the four factors listed should be considered in their totality. As a
result determining fair use is a delicate balancing act in which each
factor is given a specific weight in each individual situation.

The current issue of Museum News contains several good articles on fair use
in museum settings.  I recommend them.

Robert Baron
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         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.