At 11:26 08/08/96 -0400, Joan Korenman scribed:
>
>        Normally, I would say sure, go ahead, this seems to me to fall
>under the spirit of "fair use" that we in higher education depend on.
>However, since the discussion will be in a packet of materials that will
>be SOLD, I'm not sure whether "fair use" applies.  I am fully sympathetic
>with her university's asking students to buy the materials: few universities
>can subsidize extensive xeroxing--that's not the issue.  The issue concerns
>how copyright applies to limited educational use of a list's logfiles, and
>whether selling the reproduced material changes things.  And also whether
>her being in Canada changes things.
>
>        Many thanks in advance for any help you can offer.
>
>        Joan Korenman
>
 
I *think* that if the costs charged are only to defray expenses, then fair
use can still apply- the issue becomes when there is a profit involved. I'm
also pretty sure that punitive damages only apply when a profit is made.
 
If the list is a "public list" (apply your own definition here), then I
think a fair argument could be made that all posts were made in a public
forum, strengthening the fair use defense.
 
If it were me, I'd still try to get permission from the authors. If the
material isn't inflammatory, I'd definitely attribute the stuff...
 
I'm not a lawyer, this is not legal advice, has a strong possibility of
being wrong, and is only my $.02.
 
Have a nice day.
 
Philo
--
Philo                     http://www.radix.net/~philo
[log in to unmask]           2E Georgetown Law
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