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RE: URGENT: Immediate ethical issue

Subject: RE: URGENT: Immediate ethical issue
From: Valerie Priester <hammerl -at- buffalo -dot- edu>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Mon, 05 May 2003 15:42:53 -0400




--On Monday, May 05, 2003 12:02 PM -0700 DaLy <swiggles247 -at- yahoo -dot- com> wrote:


Hi Steve,

A google search of "Fair Use Doctrine" resulted in the
following:

Sec. 107. - Limitations on exclusive rights: Fair use


(1) the purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;
Since teaching is mentioned as a non-infringement of
copyright, if the document that Bonnie is reviewing is
teaching the reader/user something, then the copyright
is not violated. True?

(ah, found the thread at last!)
The librarian in me is screaming false, with really big alarm bells. True only if Bonnie is editing this as something that the employer uses in an educational setting. Otherwise all technical writing would be non-copyrightable, which is not the case. If she were handing out an article that used these lifted sections, that would be ok (a weird use of fair use, but ok). Normally, it's used in an educational setting to allow students, for instance, to critique part of a novel, or something like that. If this is, as I assume, documentation that goes as part of a commercial entity, then this is not kosher. Even though the work explains how to do something, that is not what is meant by the term education in the fair use guidelines.

Lots of links on this can be found on the CETUS web site (CSU, SUNY, CUNY assembled these) at http://www.cetus.org/fairindex.html as well as many other sources.

I'd say that as is, the lifted sections are direct violations, and I wouldn't risk publishing it myself, even without knowing what percentage of the lifted text was used.


Valerie Priester
hammerl -at- buffalo -dot- edu

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References:
RE: URGENT: Immediate ethical issue: From: DaLy

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