[LMB] OT: Fair use > From: Howard Brazee <howard at brazee.net>

M. Haller Yamada thefabmadamem at yahoo.com
Wed Mar 16 01:16:11 GMT 2016

> On Mar 15, 2016, at 6:15 PM, M. Haller Yamada 
> 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? 

Howard: It’s inconvenient not to steal the work we want instead of picking a different work.

Micki: Let me clarify. I'm not defending stealing. I'm defending the fair use for educational purposes clause. 

When used for educational purposes, the most important thing is not the work 
itself, but rather the analysis of the work and how it applies to other works 
(including student works). That's not only educational, it's transformative. 

The purpose of reading in classes is not really, "whoopee! Free stories!" In 
fact, remembering my own high school reading, that's only the case about 30 
percent of the time, and I'm an avid, eclectic reader. The purpose of reading in 
language arts classes is learning to analyze, parse and understand underlying 
ideas, and the tools used to convey those ideas. 

Ideally, a writer would get paid for providing that sort of input (I'm less 
concerned about the estate getting paid -- I think our copyright laws have gone 
overboard to protect corporations). But even if they don't, if the teacher is 
using the material properly, it falls under fair use. And it can be a huge 
benefit for the kids in various ways, so it's bigger than profits. 

I hope the "IF THE TEACHER IS USING THE MATERIAL PROPERLY" didn't get buried in 
the middle of the sentence. Teachers do need to educate themselves on copyright 
and fair use. But Fair Use is definitely a thing, and it's a good thing. 

Links that helped me clarify my thoughts:

Educational Uses of Non-coursepack Materials http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/(note the 2500 word guideline for complete essays or articles

http://www.centerforsocialmedia.org/search/node/educational%20fair%20use Useful search results for visual art or recorded/digital arts. 


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