In response to my post "Re: Symposium on Copyright at a Crossroads"
[Hake (2006a)], Mark Shapiro (2006), of Irascible Professor fame
<http://irascibleprofessor.com/>, in his Phys-L post of 7 Mar 2006
wrote (my CAPS):
"FAIR USE DOES NOT ALLOW ONE TO REPUBLISH COPYRIGHTED MATERIAL FOR
THE GENERAL PUBLIC, ONLY FOR PERSONAL USE. . . . general
republication of copyrighted materials without permission simply is
another form of theft. Basically, those who republish the work
without permission are stealing from the original authors."
**********************************************
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The fact that a work is unpublished shall not itself bar a finding of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.
**********************************************
In view of "4" above, Mark might argue that copying copyrighted work
for dissemination to academic discussion list subscribers or the
education community [for examples see Hake (2006b), Becker (2006)],
and Ohanian <http://www.susanohanian.org>, even though for nonprofit
educational purposes, adversely affects the "potential market for or
value of the copyrighted work," and thereby, for example, the income
of the original authors.
But since all such copying of which I'm aware gives proper
attribution to both the author and the source, IMHO it has the effect
of ENHANCING rather that diminishing the value of the copyrighted
work both to the source and to the author. This is because, as I
indicated in my previous post [Hake (2006a)]:
"1. Newspapers and magazines benefit from the free advertising they
receive from discussion-list posters of their copyrighted material.
2. The authors of material that's copyrighted benefit from the
attention and prestige they receive when their articles are more
widely disseminated to the academic and education communities."
Those who wish to survey the internet literature on "fair use" can
search Google <http://www.google.com/> for ["Fair Use" Copyright]
(without the square brackets but with the quotes) to obtain
16,200,000 hits as of 8 Mar 2006 09:49:00-0800.
Rather than examining each of these hits, it might be better to seek
the WORD on "fair use" at the 6th Annual Symposium on Intellectual
Property: "Copyright at a Crossroads: The Impact of Mass Digitization
on Copyright and Higher Education"
<http://www.umuc.edu/cip/symposium>, 14-16, June 2006. Adelphi, MD,
Hosted by The Center for Intellectual Property at University of
Maryland University College <http://www.umuc.edu/distance/odell/cip/>.
REFERENCES [Tiny URL's courtesy <http://tinyurl.com/create.php>. In
case TinyURL folds, I also give the original monster URL. I thank
Keith Tipton for suggesting this safety measure.]
Hake, R.R. 2006a. "Re: Symposium on Copyright at a Crossroads" online
at <http://listserv.nd.edu/cgi-bin/wa?A2=ind0603&L=pod&O=D&P=6224>.
Post of 7 Mar 2006 17:32:46-0800 to AERA-J, AERA-L, ITFORUM,
Math-Learn, Phys-L, PhysLnrR, POD, & STLHE-L.
Hake, R.R. 2006b. "Proof of Learning at College," online at
<http://listserv.nd.edu/cgi-bin/wa?A2=ind0602&L=pod&O=D&P=21791>.
Post of 27/28 Feb 2006 to AERA-L, AERA-J, ITFORUM, Phys-L, PhysLrnR,
POD, and STLHE-L. Evidently DELETED from the ITFORUM archives by
ITFORUM moderator Bev Ferrell.