Aren't two different concepts being confused here? I understand what
Chris refers to to be 'fair dealing' in the sense that this is the
amount that one can quote and republish without having to ask
explicit permission from the original publisher/copyright owner.
The discussion hitherto has been concerned with fair dealing in the
sense of the amount one may (photo)copy for private research and
study.
Vicki Whittaker
[log in to unmask]
**********************************************************
> From: Chris Pegler <[log in to unmask]>
> Organization: Warwick Business School
> To: [log in to unmask]
> Date: Fri, 4 Oct 1996 10:46:42 GMT
> Subject: Subject: Re: Effect of copyright payments on studypack
> Priority: normal
> Reply-to: Chris Pegler <[log in to unmask]>
>
> Thanks for all the information about fair dealing. Here is some more
> for those who are interested:
>
> Charles writes:
>
> It is conceivable that a Court may decide that even a
> single copy of a single article from a journal issue is NOT
> "fair" and is therefore infringing; equally, another Court
> case may decide that taking ten copies of all the articles
> in a particular journal issue WAS fair and was therefore not
> infringing. Alas, there are no precedents to go by to give
> guidance.
>
> so he and others may be interested in my following precis of a
> talk by Sarah Byrt of Rowe and Maw solicitors when trying to
> explain the publishers' perspective to a meeting of BSCUN (Business
> Schools' Copyright Users' Network):
>
> There is no legal definition of the maximum premissible
> under fair dealing, but the Society of Authors and the
> Publishers Association suggested at one time that it should
> amount to no more 4,000 as a single extract, or 8,000 as a
> series of extracts, but in no case exceed 10% of the whole
> work. This sounds generous, but they defined the 'whole
> work' as a journal article (not issue) or a single poem or
> essay. Applied to a 14-line sonnet this would mean that
> using even two lines (a couplet) would exceed this
> definition of fair dealing.
>
> That suggstion (guideline) was withdrawn and so there is no agreed
> definition (to my knowledge) by publishers, but it does give an
> impression of how far apart the definitions (HEIs' vs. publishers')
> may be.
>
> Chris
>
>
> Chris Pegler
> DLMBA Manager, Student Services/
> WBS Copyright Co-ordinator
> Tel: 01203 524215 Fax: 01203 524411
>
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|