I strongly disagree here, not necessarily with the assertion that Fair use
might apply. However I will say that the use of the "fair use" argument
is, at the very least, controversial. I cannot let Bookshare be jeopardize
by any potential controversy. I would highly, highly recommend that outside
sources not be used in synopsis. Bookshare's policies have been generated
in consultation with attorneys and the publishing industry. They have been
carefully developed to ensure that nothing will interrupt the service.
Please abide by Bookshare's policies here. While we might question
Bookshare's other policies that seem unfair, this policy and others related
to copyright, are not those that we should question. Having worked with
publishers, I can say that these are complicated issues and we are not
equipped to deal with them. In fact, I know many attorneys who are not
equipped to deal with them.
Pratik
-----Original Message-----
From: bksvol-discuss-bounce@xxxxxxxxxxxxx
[mailto:bksvol-discuss-bounce@xxxxxxxxxxxxx] On Behalf Of Grandma Cindy
Sent: Saturday, February 23, 2008 7:23 PM
To: bksvol-discuss@xxxxxxxxxxxxx
Subject: [bksvol-discuss] Quoting synopses from other sources
There was quite a discussion about this a while ago. I
read the copyright law, i.e., the part that pertains
to this question, and it seems to me that as long as
only a few sentences are taken and the source quoted,
and the quote put in quotation marks, there's no
problem.
I just checked again, and I interpret the following to
mean that if we just take a few sentences or even a
short paragraph we're o.k.
http://www.copyright.gov/fls/fl102.html
We're using it for "nonprofit educational purposes"
we're not adversely affecting the potential marked
value of the oopyrighted work--in fact, quite the
contrary. And we're "quoting excerpts in a review.."
(sort of. smile
"Although fair use was not mentioned in the previous
copyright law, the doctrine has developed through a
substantial number of court decisions over the years.
This doctrine has been codified in section 107 of the
copyright law.
Section 107 contains a list of the various purposes
for which the reproduction of a particular work may be
considered “fair,†such as criticism, comment,
news reporting, teaching, scholarship, and research.
Section 107 also sets out four factors to be
considered in determining whether or not a particular
use is fair:
1.
the purpose and character of the use, including
whether such use is of commercial nature or is for
nonprofit educational purposes;
2.
the nature of the copyrighted work;
3.
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 distinction between “fair use†and
infringement may be unclear and not easily defined.
There is no specific number of words, lines, or notes
that may safely be taken without permission.
Acknowledging the source of the copyrighted material
does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the
General Revision of the U.S. Copyright Law cites
examples of activities that courts have regarded as
fair use: “quotation of excerpts in a review or
criticism for purposes of illustration or comment;
quotation of short passages in a scholarly or
technical work, for illustration or clarification of
the author's observations; use in a parody of some of
the content of the work parodied; summary of an
address or article, with brief quotations, in a news
report; reproduction by a library of a portion of a
work to replace part of a damaged copy; reproduction
by a teacher or student of a small part of a work to
illustrate a lesson; reproduction of a work in
legislative or judicial proceedings or reports;
incidental and fortuitous reproduction, in a newsreel
or broadcast, of a work located in the scene of an
event being reported.â€
G.Cindy
***WISH LIST (CALLED REQUESTED ADDITIONS TO THE BOOKSHARE COLLECTION)IS
AVAILABLE AT
http://people.delphiforums.com/jamiecalton/Book_Requests.htm
http://www.friendsofbookshare.org/
http://studentpages.alma.edu/~07jmyate/book_requests.htm
A LIST OF BOOKS CURRENTLY BEING SCANNED IS AVAILABLE AT
http://people.delphiforums.com/jamiecalton/scanning.html
Jake's site for useful links: http://www.jbrownell.com/bkslinks.html
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