[ISLMA-Share] Copyright question

[Email list for the Illinois School Library Media Association]

How much of the text is she reading?  If it is only a portion of the text
she may be legal according to fair use law - copied from
http://www.bitlaw.com/copyright/fair_use.html#fair_use and pasted below:

The Fair Use Statute

The doctrine of fair use developed over the years as courts tried to
balance the rights of copyright owners with society's interest in allowing
copying in certain, limited circumstances. This doctrine has at its core a
fundamental belief that not all copying should be banned, particularly in
socially important endeavors such as criticism, news reporting, teaching,
and research.

Although the doctrine of fair use was originally created by the judiciary,
it is now set forth in the Copyright Act
<http://www.bitlaw.com/source/17usc/107.html>. Under the Act, four factors
are to be considered in order to determine whether a specific action is to
be considered a "fair use." These factors are as follows:

   1. the purpose and character of the use, including whether such use is
   of commercial nature or is for nonprofit educational purposes;
   2. the nature of the copyrighted work;
   3. the amount and substantiality of the portion used in relation to the
   copyrighted work as a whole; and
   4. the effect of the use upon the potential market for or value of the
   copyrighted work.

Karen Varga

Marian Central Catholic High School


On Mon, Oct 17, 2016 at 2:49 PM, Email list for the Illinois School Library
Media Association <islma at list.railslibraries.info> wrote:

> I would suggest contacting the publisher for permission.  I have always
> been granted permission for a reasonable school use request.
>
>
> Marcia Brandt
>
> Emeritus Director of K-8 Library Media Services
>
> *Herscher CUSD#2*
>
> 501 North Main, Herscher, IL  60941
>
>
> brandtm at hcusd2.org
>
>
> Google can bring you back 100,000 answers, a librarian can bring you back
> the right one.
> –Neil Gaiman
>
> Libraries will get you through times of no money better than money will
> get you through times of no libraries.
> –Anne Herbert
>
> What a school thinks about its library is a measure of what it feels about
> education.
> –Harold Howe
>
>
>
> ------------------------------
> *From:* islma-bounces at list.railslibraries.info <islma-bounces at list.
> railslibraries.info> on behalf of Email list for the Illinois School
> Library Media Association <islma at list.railslibraries.info>
> *Sent:* Monday, October 17, 2016 12:52 PM
> *To:* Email list for the Illinois School Library Media Association
> *Subject:* Re: [ISLMA-Share] Copyright question
>
> Good to know - thanks for clarifying.  I need a copy of that book !
>
> On Mon, Oct 17, 2016 at 12:02 PM, Email list for the Illinois School
> Library Media Association <islma at list.railslibraries.info> wrote:
>
>> No, this kind of recording violates copyright.  I checked my handy-dandy
>> book *Copyright for Schools: a Practical Guide *(4th edition) by Carol
>> Simpson.  According to the book, "Making a copy of a book by recording it
>> is the same as making a copy by photocopying it."  The only exception that
>> might apply is "a special exception to copyright law for handicapped users,
>> but the person for whom you are recording the book must be blind or
>> otherwise physically unable to use a book."  It doesn't sound like that
>> applies to this case.
>>
>> Michelle Harris
>> Heyworth CUSD #4
>>
>> On Mon, Oct 17, 2016 at 10:32 AM, Email list for the Illinois School
>> Library Media Association <islma at list.railslibraries.info> wrote:
>>
>>> Hello Wise Librarians
>>>
>>> I have a teacher who would like to record herself reading a non-fiction
>>> text and then provide it to her special education students as support.
>>>
>>> Is this fair use? There doesn't seem to be audio available anywhere....
>>>
>>> Thanks
>>> Catie Magierski
>>> Bryan Middle School
>>> Elmhurst, Il
>>> Librarian
>>>
>>> _______________________________________________
>>> ISLMA-Share mailing list
>>> islma at list.railslibraries.info
>>> For list archives and subscription options, visit:
>>> http://list.railslibraries.info/cgi-bin/mailman/listinfo/islma
>>> To unsubscribe, send a message to:
>>> islma-leave at list.railslibraries.info
>>>
>>
>>
>>
>> --
>> Michelle Harris
>> District Librarian
>> Heyworth CUSD #4
>>
>> _______________________________________________
>> ISLMA-Share mailing list
>> islma at list.railslibraries.info
>> For list archives and subscription options, visit:
>> http://list.railslibraries.info/cgi-bin/mailman/listinfo/islma
>> To unsubscribe, send a message to:
>> islma-leave at list.railslibraries.info
>>
>
>
> Please contact us if you would like this communication translated into
> your native language.
>
> Por favor, póngase en contacto con nosotros si desea que esta comunicación
> traducido a su idioma nativo.
>
> Prosimy o kontakt z nami jeśli Państwo potrzebują aby ta wiadomość została
> przetłumaczona na język Polski.
>
> _______________________________________________
> ISLMA-Share mailing list
> islma at list.railslibraries.info
> For list archives and subscription options, visit:
> http://list.railslibraries.info/cgi-bin/mailman/listinfo/islma
> To unsubscribe, send a message to:
> islma-leave at list.railslibraries.info
>
> _______________________________________________
> ISLMA-Share mailing list
> islma at list.railslibraries.info
> For list archives and subscription options, visit:
> http://list.railslibraries.info/cgi-bin/mailman/listinfo/islma
> To unsubscribe, send a message to:
> islma-leave at list.railslibraries.info
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://list.railslibraries.info/pipermail/aisle/attachments/20161018/ed860ec0/attachment-0002.html>