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[amador]

Hi, I'm in a bit of a quagmire and I need some help:

If I create a coursepack composed of selections of works mostly published abroad (some of which are distributed in the US and some not) and I leave it in a place accessible to students so that each one can make a single copy for herself, am I violating fair use of copyrighted material? 

My department has asked me to change the topic of my graduate seminar for the next semester.  It's a small program, so I am expecting low attendance (10-15).  This is causing me a bit of trouble, because I am running behind a book deadline and I am recovering from recent sickness.  To make things worse, in my institution students are financially hard pressed, and I cannot request them to buy all the books that we may end using.  I know there's company's that make coursepacks, but none is willing to estimate the cost of copying material copyrighted abroad.  Again, financial circumstances of my students apply.

[namazu]

Disclaimer: My knowledge of copyright law is practically nil.

Does your institution have a password-protected website (through the library, or a course site) where you could make the readings available to students registered for the class ("electronic reserves")?  Alternatively, if there is no website, you could set one up for free using Moodle.  Students could print papers or read them online in the computer lab.  This can be a good way to disseminate materials if you're pulling them together at the last minute (assuming students have computer lab access).

I don't know if this approach would actually have any bearing on the copyright situation, as on the face it seems to be equivalent in terms of distributing the material.  However, I have seen it used often with journal articles and chapters or excerpts from books, and the school seems to think it's legal.  Hopefully others can advise as to the legality of this potential solution (which is an alternative to, but not necessarily better than, the solution you proposed). 

[magistra]

I've always been told that if you're copying less than a third of the book, you're fine.  And it does help that it's for educational purposes.  If the book is out-of-print I think I'd feel ok morally (no clue about legally) to use these materials.  I mention this because foreign books tend to go out of print much faster than US books; that they're from foreign presses might well effect copyright, but I really wouldn't know.

I agree with Namazu that the best way around this is to put everything on reserve -- electronic is best, but even if it's physical reserve, it's no different than if each person copied it for their own personal use.  And they might read it in the library, especially when they're feeling especially poor.

You might have better luck calling the manager at Kinko's.  They're usually up on copyright laws.

[larryc]

According to my understanding you can put the course pack on reserve in the library, that is legal. Your students, instead of reading the course pack may copy it to read at home, legal again. You may not, however, tell your students to make copies.

In my own courses I explain all of this, then I hold up a copy card and explain how to get one. The students laugh and go copy the readings.

[mytiaraisaskew]

Can you ask your librarian?  At our campus, our research librarian knows all there is to know about copyright.  If she gives it the go-ahead, it's fine.  And I've been known to put things on reserve at the library...there has never been a problem.

[wegie]

I've always been told that if you're copying less than a third of the book, you're fine. 

Really??!! Wow! Over here, it's up to 5% or one chapter/article/paper.

[magistra]

<ducks for cover, looks around, hoping no-one sees her>

I know I've been told that more than once, and the last time was by the person who ran our university copy shop, who warned me because I was copying an entire book (ILL, out of print, for my use only, so not feeling too guilty over that one.  The diss must be fed!)

But yes, as long as it's mu understand that if it's for your own use, it's under a third.  That's the beauty of reserves -- each person does his own, so it's personal use, instead of creating a new "book" with the material.

[zharkov]

I suggest you work thru the Copyright Clearance Center, copyright.com.

[expatinuk]

Copying under 'Fair Use' is limited to a one time event. You cannot use material in subsequent semesters without paying the copyright fee.

You can only put things up online if is on a password protected site... putting things up on the net is 'republishing'... which you're not allowed to do under 'Fair Use'. By putting them up behind a password, you're limiting the use to your students which is what you're required to do under 'Fair Use.'

[cc_alan]

I've always been told that if you're copying less than a third of the book, you're fine. 

Really??!! Wow! Over here, it's up to 5% or one chapter/article/paper.

It depends upon what you are copying and it's not a simple percentage.

Alan