[LM_NET] HIT: Copyright question

[Windy Gamble <wgamble@SUWANNEE.K12.FL.US>]

Original question:

The teachers in my school recently attended a writing workshop.  The
presenter suggested that teachers use magazine articles to model the
writing process.  My question is:  Is it a copyright issue to make a color
copy of the article from the magazine (ex:  Big Back Yard article) to use
in their classroom?  Our reading coaches want to go to Office Depot and
make a color copies of each article for each teacher in the grade level. 
In our case, that would be 20 copies per grade level of the same article. 
I subscribe to most of the magazines they are using, is there a different
copyright issue if I do not own the magazine they want to copy?

The presenter mentioned she had permission to use the articles from the
publishers but we would not need permission to use them.

Any clarification would be great.  I want to be sure we are following all
the guidelines.

Responses:

The teachers need to request the articles they would like to use.  They
may make and use 9 articles per class.  If the class is one grading period
long, (quarter, trimester) and then the name or class number changes the 9
starts over again.  If the class is a year long class, (most elementary
classes and things like English at the secondary level that stays the same
all year) the 9 articles stretch to the full year.  (One good reason to
divide classes up, change the name and number of the class by grading
periods, you will see this happen at the secondary level.

Okay, now, you may make up to 7 copies from the same resource.  So, if
they really like the articles in the Ranger Rick magazine, 7 of the
articles can come from that title.  Then articles 8 and 9 would need to
come from a different resource(s).

Fair Use, sure, but if you have the opportunity to purchase enough issues
before the class needs them you get into the very fuzzy area of fair use. 
Limiting the authors' right to a sale will come into effect BEFORE you can
claim fair use, especially if written into the curriculum.

I think your presenter was wrong.  I would think making 20+ copies of 1
article would be a major violation of copyright!  Especially if each
individual teacher then made classroom copies of the article for
students.  I'm anxious to hear what the "experts" (people more
knowledgeable on copyright) have to say.  Please post a Hit.

I think the best way to decide this would be to pick an appropriate
article and call the publisher. 

Windy Gamble, NBCT
Media Specialist
Suwannee Elementary School
Live Oak, FL 32064
386-330-1213
wgamble@suwannee.k12.fl.us

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