[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

From: Paula 
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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