I'm basing it on my reading of the cases and Title 17, specifically sec. 107, and what I recall from the six years I handled copyright issues in educational publishing and my work as a research assistant for a professor of copyright law. Certainly, I stated my position rather too broadly, because educational use is a defense not an exception or a compulsory license, but it's essentially correct.
I can't run The Matrix in its entirity on public access television under the guise that I'm educating the public on intro to western philosophy, but I can run a clip of it in class to facilitate a discussion on class readings without paying a license. I can also have the copy center at my university dupe a chapter from Friendly's The Constitution: That Delicate Balance as part of course materials. The institution seeks clearances because it's easier than raising a defense, but it's not legally obligated to. I can run those copies myself, even throw them up on my website for my class, and it qualifies as a protected fair use which is a limitation on the exclusive rights granted by copyright.
I wish the article had mentioned the name of that case. I can't find anything in NY in 1982 that deals with archiving news clips.
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Date: 2006-11-09 08:10 pm (UTC)I can't run The Matrix in its entirity on public access television under the guise that I'm educating the public on intro to western philosophy, but I can run a clip of it in class to facilitate a discussion on class readings without paying a license. I can also have the copy center at my university dupe a chapter from Friendly's The Constitution: That Delicate Balance as part of course materials. The institution seeks clearances because it's easier than raising a defense, but it's not legally obligated to. I can run those copies myself, even throw them up on my website for my class, and it qualifies as a protected fair use which is a limitation on the exclusive rights granted by copyright.
I wish the article had mentioned the name of that case. I can't find anything in NY in 1982 that deals with archiving news clips.