In answer to George Bauer's comments below, see points 3 and 4 regarding
fair use (as given by Robert Baron, yet farther below).  In George's
scenario, both points needed for fair use are going to fail-- the amount and
substantiality of the portion used in relation to the copyrighted work as a
whole (everything in this case) and the effect of the use upon the potential
market for or value of the copyrighted work (obviously disastrous in this
case).

In practice (and obviously some people go overboard), material handed out is
a very limited portion of a work, and there is no question of buying a set
of books for that limited use--it's either provide it to the students by
copying or the students don't get the benefits of it.  At some teaching
levels, a good teacher may draw on dozens of sources for illustrations or
short excerpts, none of which could be bought for the class.

Software is a somewhat different kettle of fish, since most software is a
unit where all or most parts need to be present for the software to function
as intended.

Art Harris

At 08:55 PM 4/10/97 -0500, George Bauer wrote:
>I think we need more information here.  If what is said below is true, then
>teachers should be able to make virtually unlimited copies of computer
>software for educational use.  They should be able to buy one copy of a
>computer program and put it on 30 computers in the same classroom.  Can
>they???  Is that FAIR USE???  Doesn't sound fair to me...  Isn't that why
>some software companies sell multiple copies at greatly reduced rates?
>
>Concerning printed work:  what about a teacher buying one copy of a workbook
>and copying one page a day and handing it out to her 30 students, thus
>depriving the author of the sale of 30 workbooks.  Fair use?  Or, worse yet,
>taking the examination copy furnished free by the publisher and making 30
>copies.  Fair use?
[clip]
Robert Baron earlier wrote (in part):

>>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
>>[log in to unmask]
>>
>>
>>         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.
Laboratory for Environmental Biology, Centennial Museum
University of Texas at El Paso, El Paso, TX  79968-0519
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