Some subscribers to Phys-L might be interested in a recent
discussion-list post "Re: copyright" [Hake (2012)]. The abstract
reads:
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ABSTRACT: PhysLrnR's William Baraway wrote (paraphrasing): "I've
pulled down a pdf of "Learning Trajectory Based Instruction: Toward a
Theory of Teaching," Educational Researcher 41(5): 147-156 and I
think it is legal to share in this context. If there is interest,
just let me know."
To which PhysLrnR's D.J. Wagner (DJW) responded (paraphrasing): "I
can download pdfs from several journals, as may my students.
However, according to our librarians, I cannot download a pdf to a
network folder that I share with students."
I think that DJW's making pdf's available to her students would be in
accord with "Fair Use" of copyrighted material as provided for in
Sections 107 and 108 of the US Copyright Law; see e.g., Cornell
University Law School information for Sect. 107 at
<http://bit.ly/eNseEp> and Sect. 108 at <http://bit.ly/qyWm2Y>.
In the latter it's stated that (translating from legalise to
English): "it is not an infringement of copyright for a library or
archives to reproduce no more than one copy of a work, and to
distribute such copy, provided the distribution is made without any
purpose of direct or indirect commercial advantage and includes a
notice that the work is or may be protected by copyright."
It should be noted that standardista-basher Susan Ohanian
<http://bit.ly/LPTI2p>, Net-Gold's David Dillard
<http://yhoo.it/Ob44aC>, and Math-Teach's indefatigable Jerry Becker
<http://bit.ly/OOwkNZ> have all been distributing copyrighted
material for years without substantive problems. Doubtless the verb
"becker," meaning "to distribute copyrighted material free of charge,
consistent with 'Fair Use', " will doubtless make it into Webster's
by 2020.
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REFERENCES [URL shortened by <http://bit.ly/> and accessed on 17 July 2012.
Hake, R.R. 2012. "Re: copyright" online on the OPEN AERA-L archives
at <http://bit.ly/LWmBtO>. Post of 17 Jul 2012 09:34:35 -0700 to
AERA-L and Net-Gold. The abstract and link to the complete post are
being transmitted to several discussion lists and are also on my blog
"Hake'sEdStuff" at <http://bit.ly/LwI2jv> with a provision for
comments.