--- Forwarded Message from Margo Burns <[log in to unmask]> ---

>User-Agent: Microsoft-Entourage/11.0.0.040405
>Date: Wed, 23 Jun 2004 00:38:57 -0400
>Subject: Re: #7556 exercises making use of extracts from long literary works
>From: Margo Burns <[log in to unmask]>
>To: Language Learning and Technology International Information Forum
<[log in to unmask]>
>In-Reply-To: <[log in to unmask]>

[log in to unmask] asked:
> Can anyone tell me whether or not exercises like these would be allowable
> under copyright?  I believe that it would be because a) it is documented,
> b) it is only an excerpt of a larger literary text, c) we are doing
> something creative with it that adds a different purpose than what is
> intended by the author/publisher and, therefore, we are not simply
> stealing profits by re-producing replicas, d) it is for educational
> purposes and e) it is not for profit (since we are a public institution).
>
> Am I correct in this judgement?  Am I missing anything potentially
> conflicting or arguable?   Since the use of Hot Potatoes requires that
> these exercises be posted to the Internet we want to be sure that we are
> not infringing on copyright before proceding.

You really need to investigate the copyright status of the works you want to
use.  Pre-1923 works, by U.S. Copyright law, are in the public domain, so
you don't have to worry about copyright with them.  Many other works after
that (but not all, and certainly not recent ones!) have fallen out of
copyright, and are in the public domain. The trick is figuring out their
status, but there may be someone in your library would can help you.

Bear in mind, however, that all those "fair use" exceptions to copyright
that you are mentioning, for educational purposes, typically also require
restricting access to only students enrolled in a specific class, and that
the materials may only be so used for two of years -- not something most
teachers like to hear when they invest a lot of time preparing materials!

My advice: stick with literary works that you can show are in the public
domain.  See http://www.unc.edu/~unclng/public-d.htm for more information on
determining when works go into the public domain. Your school's lawyers will
thank you.

Cheers,
Margo Burns

Director of The Language Center
St. Paul's School
325 Pleasant St.
Concord, NH 03301
(603) 229-4665
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