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site contains copyrighted material the use of which has not always been
specifically authorized by the copyright owner. We are making such material
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We believe this constitutes a ‘fair use’ of any such copyrighted material as
provided for in section 107 of the US Copyright Law. If you wish to use
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‘fair use’, you must obtain permission from the copyright owner. In accordance
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http://www.law.cornell.edu/uscode/17/107.shtml United States Code: Title 17,
Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html
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 The fact that a work is unpublished shall not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. United States Code: Title 17, Section 106 Chapter 1 –
Subject Matter And Scope of Copyright
http://www4.law.cornell.edu/uscode/unframed/17/106.html Subject to sections 107
through 120, the owner of copyright under this title has the exclusive rights
to do and to authorize any of the following: (1) to reproduce the copyrighted
work in copies or phonorecords; (2) to prepare derivative works based upon the
copyrighted work; (3) to distribute copies or phonorecords of the copyrighted
work to the public by sale or other transfer of ownership, or by rental, lease,
or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly; (5) in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or other audiovisual
work, to display the copyrighted work publicly; and (6) in the case of sound
recordings, to perform the copyrighted work publicly by means of a digital
audio transmission. FAIR USE NOTICE: This site contains copyrighted material
the use of which has not always been specifically authorized by the copyright
owner. We are making such material available in our efforts to advance
understanding of environmental, political, human rights, economic, democracy,
scientific, and social justice issues, etc. We believe this constitutes a ‘fair
use’ of any such copyrighted material as provided for in section 107 of the US
Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on
this site is distributed without profit to those who have expressed a prior
interest in receiving the included information for research and educational
purposes. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml FAIR USE NOTICE. Many of the
stories on this site contain copyrighted material whose use has not been
specifically authorized by the copyright owner. We are making this material
available in its efforts to advance the understanding of environmental issues
and sustainability, human rights, economic and political democracy, and issues
of social justice. We believe this constitutes a ‘fair use’ of the copyrighted
material as provided for in Section 107 of the US Copyright Law. If you wish to
use such copyrighted material for purposes of your own that go beyond ‘fair
use’…you must obtain permission from the copyright owner. FAIR USE NOTICE.
This site contains copyrighted material the use of which has not always been
specifically authorized by the copyright owner. We are making such material
available in our efforts to advance understanding of environmental, politica,
human rights, economic, democracy, scientific, and social justice issues, etc..
We believe this constitutes a ‘fair use’ of any such copyrighted material as
provided for in section 107 of the US Copyright Law. If you wish to use
copyrighted material from this site for purposes of your own that go beyond
‘fair use’, you must obtain permission from the copyright owner. In accordance
with Title 17 U.S.C. Section 107, the material on this site is distributed
without profit to those who have expressed a prior interest in receiving the
included information for research and educational purposes. For more
information go to: http://www.law.cornell.edu/uscode/17/107.shtml United States
Code: Title 17, Section 107
http://www4.law.cornell.edu/uscode/unframed/17/107.html 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. United States Code: Title 17, Section 106 Chapter 1 – Subject
Matter And Scope of Copyright
http://www4.law.cornell.edu/uscode/unframed/17/106.html Subject to sections 107
through 120, the owner of copyright under this title has the exclusive rights
to do and to authorize any of the following: (1) to reproduce the copyrighted
work in copies or phonorecords; (2) to prepare derivative works based upon the
copyrighted work; (3) to distribute copies or phonorecords of the copyrighted
work to the public by sale or other transfer of ownership, or by rental, lease,
or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly; (5) in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or other audiovisual
work, to display the copyrighted work publicly; and (6) in the case of sound
recordings, to perform the copyrighted work publicly by means of a digital
audio transmission. TO: Members of the Faculty, Hoover Institution Fellows,
Academic Staff, and Library Directors FROM: Condoleezza Rice, Provost RE:
Copyright Reminder October 30, 1998 This memorandum provides a general
description of the applicability of the copyright law and the so-called
"fair use" exemptions to the copyright law’s general prohibition on
copying. It also describes safe harbor guidelines applicable to
classroom copying. The federal copyright statute governs the reproduction of
works of authorship. In general, works governed by copyright law include such
traditional works of authorship as books, photographs, music, drama, video and
sculpture, and also software, multimedia, and databases. Copyrighted works are
protected regardless of the medium in which they are created or reproduced;
thus, copyright extends to digital works and works transformed into a digital
format. Copyrighted works are not limited to those that bear a copyright
notice. As a result of changes in copyright law, works published since March 1,
1989 need not bear a copyright notice to be protected under the statute. Two
provisions of the copyright statute are of particular importance to teachers
and researchers: * a provision that codifies the doctrine of fair
use, under which limited copying of copyrighted works without the
permission of the owner is allowed for certain teaching and research purposes;
and * a provision that establishes special limitations and exemptions for the
reproduction of copyrighted works by libraries and archives. The concept of
fair use is necessarily somewhat vague when discussed in the abstract. Its
application depends critically on the particular facts of the individual
situation. Neither the case law nor the statutory law provides bright lines
concerning which uses are fair and which are not. However, you may find it
helpful to refer to certain third party source materials. Guidelines for
classroom copying by not-for-profit educational institutions have been prepared
by a group consisting of the Authors League of America, the Association of
American Publishers, and an ad hoc committee of educational institutions and
organizations. In addition, fair use guidelines for educational multimedia have
been prepared by a group coordinated by the consortium of College and
University Multimedia Centers (CCUMC). These guidelines describe safe harbor
conditions, but do not purport to define the full extent of fair. The guidelines, as well as other source material, are available
through a variety of resources, including through the world wide web site
http://fairuse.stanford.edu. Stanford University Libraries Academic
Information Resources, in collaboration with the Council on Library Resources
and FindLaw Internet Legal Resources, are sponsors of this web site. The site
assembles a wide range of materials related to the use of copyrighted material
by individuals, libraries, and educational institutions. I hope that the
discussion below helps to clarify further the nature of fair use. Fair Use for Teaching and Research The fair use doctrine allows
limited reproduction of copyrighted works for educational and research
purposes. The relevant portion of the copyright statue provides that the
fair use of a copyrighted work, including reproduction for
purposes such as criticism, news reporting, teaching (including multiple copies
for classroom use), scholarship, or research is not an infringement of
copyright. The law lists the following factors as the ones to be evaluated in
determining whether a particular use of a copyrighted work is a permitted rather than an infringement of the copyright: * the
purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes; * the nature of the
copyrighted work; * the amount and substantiality of the portion used in
relation to the copyrighted work as a whole, and * the effect of the use upon
the potential market for or value of the copyrighted work. Although all of
these factors will be considered, the last factor is the most important in
determining whether a particular use is Where a work is
available for purchase or license from the copyright owner in the medium or
format desired, copying of all or a significant portion of the work in lieu of
purchasing or licensing a sufficient number of copies
would be presumptively unfair. Where only a small portion of a work is to be
copied and the work would not be used if purchase or licensing of a sufficient
number of authorized copies were required, the intended use is more likely to
be found to be fair. A federal appeals court recently decided an important
copyright fair use case involving coursepacks. In Princeton University Press,
et.al. v. Michigan Document Services, the U.S. Court of Appeals for the Sixth
Circuit concluded that the copying of excerpts from books and other
publications by a commercial copy service without the payment of fees to the
copyright holders to create coursepacks for university students was not fair
use. The size of the offending excerpts varied from 30 percent to as little as
5 percent of the original publications. Although the opinion in this case is
not binding in California, it is consistent with prior cases from other courts,
and there is a reasonable likelihood that the California federal courts would
reach a similar conclusion on similar facts. Where questions arise, we suggest
that you consult the guidelines for classroom copying and other available
source material available on the fair use web site, cited above. Please note
that the guidelines are intended to state the minimum, not the maximum, extent
of the fair use doctrine. Thus, just because your use is not within the
guidelines, it is it not necessarily outside the scope of fair use. In the
absence of a definitive conclusion, however, if the proposed use deviates from
the guidelines, you should consider obtaining permission to use the work from
the copyright owner. In instances where the fair use question is important and permission
would be difficult or expensive to obtain, a member of the Fair Use Advisory
Group (described below) or the Legal Office can assist in analyzing whether a
particular proposed use would constitute "fair use." Some
photocopying services will obtain copyright permission and add the price of the
royalties, if any, to the price of the materials. A request to copy a
copyrighted work should generally be sent to the permission department of the
publisher of the work. Permission requests should contain the following: *
Title, author, and/or editor, and edition * Exact material to be used, giving
page numbers or chapters * Number of copies to be made * Use to be made of the
copied materials * Form of distribution (classroom, newsletter, etc.) * Whether
the material is to be sold Draft form letters can be obtained from or reviewed
by a member of the Fair Use Advisory Group or the Legal Office. For certain
works, permission may also be sought from the Copyright Clearance Center (CCC)
which will quote a charge for works for which they are able to give permission.
The Copyright Clearance Center can be contacted at www.copyright.com or (978)
750-8400, but it may be easier to go through a copying service that deals
regularly with the CCC. II. Course Reserves Some libraries at Stanford will
refuse to accept multiple photocopies or to make photocopies of copyrighted
materials needed for course reserves without first having permission from the
copyright holder. Other libraries on campus will accept a limited number of photocopies
for course reserves. Consult individual libraries for clarification of their
policies. While the libraries have blanket permission from dozens of journals,
obtaining permission sometimes takes a good deal of time. Experience in
obtaining permission has shown that an inquiry addressed to a journal publisher
frequently produces information that the copyright is actually held by the
author, and four weeks is often inadequate to obtain such permission. Four to
six weeks is considered the norm. Permission may be obtained in a number of
ways: * Upon request, some libraries on campus will obtain materials for course
reserve. In these cases, the librarian will write to obtain permission to
photocopy or to purchase reprints. However, most libraries do not provide this
service. * Written permission may be obtained by the academic department. *
Oral permission may be obtained by faculty members, departmental secretaries,
or library staff, in which case a written record is needed of that action. Note
that filling course reserve requirements may require two to three months before
the quarter begins if the library does not already have a copy of the
publication, if the publication is out of print, or if the copyright holder is
not readily available. III. Resources Additional information on copyright
issues may be found on the world wide web site http://fairuse.stanford.edu.
Questions about the copyright law as it affects faculty and staff in their
University capacities should be directed to a member of the Fair Use Advisory
Group (see attachment) or to Linda Woodward in the Legal Office (3-9751), who
can put you in touch with the appropriate lawyer to respond to your specific
question. Questions about library policy and course reserves should be
addressed to Assunta Pisani, Associate Director, University Libraries
(apisani@sulmail or 3-5553). Information concerning the application of
copyright law to computer software can be found in the memorandum Copying
of Computer Software distributed by the Library and Information Resources
and in Administrative Guide Memorandum 62. Thank you for your cooperation in
ensuring the observation of these guidelines. The information comprised on this
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