Hit: Is This Fair Use?

[Linda Costelloe <lcostelloe@RYENECK.K12.NY.US>]

The original question was:
=20
My principal wants me to scan a book and create a Power Point that our =
teachers can use to teach a math lesson on the Smartboards.  The book is =
out of print and I tried to purchase it to no avail.  The book would =
only be used in conjunction with the lessons.  Is this Fair Use?
=20
Answers were divided.  Here are some of them:
=20
My understanding of the copyright guidelines are that as long as you're =
using
the materials in a classroom setting, with a teacher/instructor =
presenting
them, and with a discussion between instructor and students to follow =
the
presentation, then that is admissable.
_____
I'm the rights and permissions person at Facts on file. I saw your post =
re.
scanning the book, and no, that would not be considered fair use. You =
might
try requesting permission throught the Copyright Clearance Center .
________
Keep documentation of your efforts, but yes it probably is a fair use as
long as those copies of the scans stay at your school. Have you
contacted the publisher?
________
I am quoting from Carol Simpson's Copyright for Schools, "If a library =
owns a
copy of a book and a page is damaged beyond use, it is within the =
library uses
granted under Section 108 of the copyright law to photocopy and tip in =
the
missing page...it is within the rights granted to libraries to copy an =
entire
book when the original is lost, damaged or deteriorated beyond use, if =
an
unused replacement cannot be purchased at a reasonable price."  If the =
book is
out of print, then it could not be purchased at a reasonable price. =
Therefor,
I think that you're in the clear.
________
I'd say no because it is never legal to change the format of the book.
_________
I don't know if you have received any responses, but based upon what Dr.
Carol Simpson has reported in the past, just because the book is "out of
print" does not mean that it is not available for purchase through other
sources.  The material is still under copyright and you would still need
to get permission (if it would even be given) to use the materials in
the manner that you are requesting. Changing the format from the printed
source to a PowerPoint presentation would also be a violation without
permission from the publisher.

Also, because this is a public performance situation and not an
"in-class instructional program" (you aren't teaching a regularly
scheduled course in the use of Smartboards, etc.), you would also be
breaking the law there by disseminating the materials to several
individuals without permission.

I am currently teaching as an adjunct professor with Dr. Simpson at the
University of North Texas and in our Multimedia Production and Design
course, she has explained (in-depth) about many of these types of
issues.  If you have questions, you might want to contact her
personally.  (She is currently working on her law degree, so although
she isn't a legal advisor, she does "know her stuff" when it comes to
all of this.)


Thank you to all for taking the time to respond!
=20
=20
Linda
=20
Linda Costelloe
Librarian
Daniel Warren Elementary School
Mamaroneck, NY  10543
lcostelloe@ryeneck.k12.ny.us

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