[LMB] OT: Fair use > From: Howard Brazee <howard at brazee.net>
M. Haller Yamada
thefabmadamem at yahoo.com
Wed Mar 16 00:15:35 GMT 2016
When someone makes dozens of copies for classroom use, I believe that that
is NOT "fair use". A copy or two for personal research purposes or rather
excerpts, is one thing, wholesale copying without remuneration and/or
permission is gross abuse of "fair use".
Schools pay significant sums of money for textbooks, even ones for
long-out-of-copyright publications. Textbook companies are NOT benefactors
of humankind, just ask people paying for college textbooks--which cost a LOT
more than even newly published novels from pricey fiction publishers.
The claim of penury doesn';t stand up, teachers tend on the average to be
paid better than most writers are...
Micki: In a perfect world, the administration would pay for reprints of articles.
In the real world, sometimes they don't. There are economies of scale -- it would
be foolish to copy even quite expensive textbooks because it'd be more expensive
to copy than to buy a book. But for a one-page short story that illustrates a
teaching point brilliantly? Or a ten-page story that's out of print, but not out
of public domain?
It would be best to contact the writer and get permission. If the writer (or
their estate) refuses, maybe it's OK to let that writer drop out of the cultural
millieu, and only be available for people who 1) can access the material, 2) want
to access the material, and 3) are willing to pay for it. Sounds like a good way
to get forgotten to me, though.
Personally, I think being in a school curriculum would be great exposure, and may
lead to a slight increase of purchases of the rest of my back-catalog. If I had a
back catalog, and a short story worth teaching.
Writers aren't usually buying supplementary tools for their readers, either, so I
think the penury argument still stands for American teachers and other assistant-
type teachers who are engaging in "stealth teaching" under the radar of their
local school boards.
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