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Disclaimer
Notice
and Fair Use Declaration
Whereas
the author and Webmaster of this Web site and any other Web sites authored
by the Webmaster are herein after known and referred to as the Website,
therefore:
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Diversity.
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Disclaimer
Notice
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Fair
Use Declaration
FAIR
USE NOTICE. The Website may contain copyrighted material the use of which
may not always be specifically authorized by the copyright owner. In such
a case we are making the 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. 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 the Website
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The fact that a work is unpublished shall not itself bar a finding of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.
Memo
Reference
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 use."
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."
I. 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 "fair use,"
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 "fair."
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
"authorized" 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.
--
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"Do
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in
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in
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after
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Siddhartha
Gautama Buddha
®
Khalsa
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