Why aren all educational course readings considered “fair use” under copyright law?
Educational use is only one of the four factors that is considered under “fair use” principles. Other factors include a) nature of the copyrighted work (fiction vs. fact), b) the amount reproduced and c) the effect on market value. One has to consider all four factors when determining whether any use, even educational, is “fair use.” The Library claims “fair use” for use of materials on e-reserves whenever possible and pays royalties and permission fees as funding permits. Determining whether a use on e-reserves is “fair use” is at the discretion of the Library. E-Reserves works best for a small number of short readings. A ‘reading’ is generally defined as a single book chapter or journal article. Coursepacks may be a viable option for some needs, especially for longer selections, a large number of readings, or repeated use of copyrighted material for the some course. Coursepack Publishing can help you create a coursepack for your course. For further questions, please consult Will Cros
