Re: Copyright and fair use in executive education

Hello Notme,
Thanks for your reply, but unfortunately you didn't answer my question
at all, since, as I think I mentioned, I have already done some
extensive reading on the subject. I am already familiar with the points
described in the fair use doctrine and the finer points pertaining to
educational use (such as spontaneity and ephemerity), as well as with
the provisions 107-110. I just can't make out to what extent these are
applicable to my case and this is where I needed help. To determine
whether the uses I described could be considered educational. We
certainly consider them so. We could teach without the images, but they
make the presentation look nice and "a picture speaks a thousand words"
(sorry don't know who i'm quoting :-)

> Reproduction of material for classroom use where the reproduction was
> unexpected and spontaneous - for example, where an article in the morning's
> paper is directly relevant to that day's class topic.

This clearly does not apply to us
>
> *If a particular usage is intended to help you or your organization to
> derive financial or other business-related benefits from the copyright
> material, then that is probably not fair use.*
> You may also be criminally liable if you willfully copy a work for profit or
> financial gain, or if the work has a value of more than $1,000.

But then, neither does this. None of these teaching materials are being
sold, or even distributed in electronic format, just displayed. And it
isn't these presentations, and especially not the images within them
that bring worldwide reknown to these professors, but rather their
totally original research, published many times over in leading
academic journals and a recent international bestselling book (which
obviously does not contain any copyrighted images or other material). I
don't want to sound pompous, just to give a better idea of how we are
not benefiting from the copyrighted material.

> Section 110 on performance and display in the classroom, which permits
> certain types of content use in the classroom and in distance education.
I have to admit that the aplication of section 110 remains vague to me
in this case

> Understanding the scope of fair use and becoming familiar with those
> situations where it applies and those where it does not can help protect you
> and your organization from unauthorized use of copyright materials, however,
> many individuals do not want this responsibility.
In fact, this is the only valid piece of advice for me, and is what I
have begun to do anyway. I need to look at case studies.
Finally, it would seem that we will be seeking counsel after all (on my
advice). I told my professors that if they were concerned about being
in line with the law, then they can't rely on the interpretation of a
non-jusrist...

Thanks anyway, you did collate all the information in a nice way. and
you weren't to know that i didn't just come to this post because i
couldn't be bothered to go lookingfor the information myself :-)

.

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