--- Forwarded Message from Ed Dente <[log in to unmask]> ---

>Date: Thu, 21 Feb 2002 15:46:25 -0500 (EST)
>From: Ed Dente <[log in to unmask]>
>Subject: Re: #6542.3 Houghton Mifflin licensing agreeemnt
>In-reply-to: <[log in to unmask]>
>To: Language Learning and Technology International Information Forum    <[log in to unmask]>

------------------
On Wed, 20 Feb 2002, LLTI-Editor wrote:

> --- Forwarded Message from "Read Gilgen" <[log in to unmask]> ---
> ------------------
> Without knowing the details of the H-M policy... I'll still offer an opinion <grin>...  Just because someone says that our use of materials is illegal doesn't make it so.  If we don't exercise our fair use rights, we'll inevitably lose them.  It seems on the surface of it that you're meeting the requirements of fair use.
>
> I'm not a lawyer, nor can my comments be taken for anything more than an opinion.  But I'm troubled by what seems to be an increasing number of attempts to abrogate our fair use rights.
>

As usual, Read has struck at the heart of the issue, clearly and
forcefully.  With all the scrupulosity with
which we try to follow copyright guidelines, do we not face being viewed as
obstructionist, difficult and uncooperative
by the faculty, chairs, deans and students we are supposed to be serving,
especially if the requestor can make a reasonable fair use case?
Apart from legal action taken against commercial entities such as Kinkos,
are there ANY instances of colleges facing litigation except in instances
where there have been obvious, clear and massive violations?
I would really like to know of any. (Not the least so that I can use it
if pressured by a requestor). I think it would be hard to find such an
instance.
No one WANTS to be the first test case, but
what company in its right mind would ever bring one against an office that
is trying its best to observe the guidelines without giving up its fair
use rights, especially when 1.) no contextual alterations are being made
to the material,  and 2.) no larger audience for the material is being
created? Why would any publisher do that?
When it comes to fair use, I think Read is right: use it or lose it.
Cheers,
Ed
 "If you want to call me that, smile."
                         -Gary Cooper, <<The Virginian>>

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Edmund N. Dente
Director, Language Media Center    Ph: 617-627-3036
Tufts University                   [log in to unmask]
Medford, MA 02155