We already have a similar copying law in the US. But in our situation on
this list quotation is purely for the purpose of discussion, and I don't
think anyone would limit quotation in discussion.

Unless one thinks of a poem as a series of one-liners quotation limited to
2 or 3 lines is worse than useless and diminishes the poem--how can one
discuss structure or form in the poem's absence?

At 05:04 PM 10/11/2000 +1000, you wrote:
>In a recent post, Matthew Francis said:
>_________________
>In an ideal world writers would make a living
>without copyright and everyone would cannibalize everyone else's work, which
>I think would be more conducive to creativity. But as it is, we need it. I
>don't know exactly what the legal definition of fair use is, but in a public
>forum like this it seems an infringement of Muldoon's rights to quote the
>whole of one of his works. I know I would be annoyed if someone did this to
>one of my poems without my permission.
>
>On the other hand, I agree that the issue sometimes gets taken too far the
>other way. Today I gave a lecture on contemporary poetry and was not allowed
>to give out photocopies of the poems to my students. I can't see why this
>should apply in a limited group for educational purposes.
>__________________
>
>The answer is because when you multiply this one instance by the fifty
>thousand or so instances that occur every year in Australia alone, you are
>depriving many poets of thousand of dollars of income overall from book
>sales. Educational sales have traditionally been a large proportion of
>poetry book sales; the spread of cheap photocopying equipment in schools
>and universities is gutting that market.
>
>The Copyright Agency Limited, a non-profit organisation which collects fees
>for photocopying in Australia, is mounting a case to obtain fair
>remuneration from this widespread form of piracy this week in an Australian
>Federal court. Here's what they have to say (courtesy Melissa Willan, CAL):
>_____________________________
>
>Owners of copyright in works have the exclusive right to do certain things
>with their material, including:
>
>*reproduce the work (including by photocopying, scanning and hand copying);
>*make the work public for the first time; and
>*make an adaptation of the work.
>
>This means that anyone who wants to use copyright material in any of these
>ways needs the copyright owner's permission.
>
>The Australian Copyright Act (the Act) has a number of fair dealing
>exceptions to these exclusive rights.  They are fair dealing for the purpose
>of research and study, criticism or review, reporting the news, judicial
>proceedings and legal advice.  Copying in reliance upon these exceptions is
>permitted without payment of any fee.
>
>The Act also creates compulsory licences in favour of several categories of
>organisations, including educational institutions.  Compulsory licences are
>a compulsory acquisition from the copyright owner of any one or all of the
>above exclusive rights. In the case of the educational statutory licence, it
>is a compulsory acquisition on behalf of educational institutions of the
>right to reproduction.  A compulsory licence is subject to the payment of a
>royalty, described as "equitable remuneration" in the Act, and to certain
>other conditions.
>
>The rationale of the Australian government in creating a compulsory
>copyright licensing system is to draw a legislative balance between the
>rights of the copyright owner and the interests of the public. The
>educational statutory licence seeks to balance the desire of educational
>institutions to access copyright material for instructional use and the
>right of the copyright owner to equitable remuneration.
>
>The educational statutory licence allows copying of "reasonable portions" of
>a work for educational purposes, subject to payment of equitable
>remuneration to the copyright owner.
>
>The copying limits of the licence are set out in the Act and are expressed
>in quantitative terms. A "reasonable portion" of a work, published in an
>edition of more than 10 pages, is 10% of the number of pages in the edition
>containing the work; or a chapter, where the work is divided into chapters.
>
>The extent of permitted copying also varies depending on the market
>availability of the work. Thus, an entire work may be copied if:
>
>*It is an article in a periodical such as a journal, newspaper or magazine;
>*It is a work fewer than 15 pages published in an anthology ("anthology
>provision");
>*It is not separately published; or
>*The person making the copy is satisfied, after reasonable investigation,
>that a copy of the work is not available within a reasonable time at an
>ordinary commercial price.
>
>The majority of poems are under 15 pages and therefore may be copied under
>the anthology provision.  It should be noted that the anthology provision
>works side by side with the reasonable portion test, thus allowing
>educational institutions to copy 10% of a poetry anthology.  This could lead
>to an educational institution copying a significant corpus of a poet's
>works.
>
>In 1985 the Copyright Tribunal (Tribunal) set the per page rate of 2 cents
>for the copying of works by educational institutions under the educational
>statutory licence.  This rate did not cover poetry copying, as the anthology
>provision outlined above did not become law until 1990.
>
>The Copyright Agency Limited (CAL), the collecting society declared by the
>Attorney General for the copying of works by educational institutions, has
>applied to the Tribunal to set a rate for educational copying under the
>statutory licence, including differential rates for some types of copying
>(such as poetry copying).  The Tribunal is currently hearing this matter.
>
>It is CAL's submission that the rate of equitable remuneration for poetry
>should be higher than that for general copying.  The copying of poetry
>results in a useable copy of a whole work which severely restricts the
>market for purchase of copies of the work. Poetry is particularly
>susceptible to copying, and that copies of whole poems (often several on a
>single page) are used to great educative effect.
>_______________
>
>from John Tranter
>
>	Editor, Jacket magazine: http://www.jacket.zip.com.au/
>	- new John Tranter homepage - poetry, reviews, articles, at:
>		http://www.austlit.com/johntranter/
>	- ancient history - the late sixties - at:
>		http://setis.library.usyd.edu.au/tranter/index.html
>______________________________________________
>	39 Short Street, Balmain NSW 2041, Sydney, Australia
>	tel (+612) 9555 8502  fax (+612) 9818 8569
>
>
>



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