While I may not agree with the authors
whom I post on my site I believe in the right of free speech.
I believe that
Inalienable Rights protected
First Amendment is being eroded in our 'land of the free and home of the brave.'
I believe that ALL individuals have the right to be heard.
My rights as an American and website owner:
I believe I have the right to read and learn about any topic of my choosing
without being harassed and/or punished.
The following information is to provide copyright legalese related to my
FAIR USE NOTICE:
Some of the stories on this site contain copyrighted material whose use has
not been specifically authorized by the copyright owner. I am making this
material available in its efforts to advance the understanding of political,
environmental issues and sustainability, human rights, economic and
political democracy, and issues of social justice.
I believe this constitutes a 'fair use' of the copyrighted material as
provided for in Section 107 of the US Copyright Law. If you wish to use such
copyrighted material for purposes of your own that go beyond 'fair
use'...you must obtain permission
from the copyright owner.
In accordance with Title 17 U.S.C. Section 107, the material on this site is
distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
For more information go to:
United States Code: Title 17, Section 107
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
In determining whether the use made of a work in any particular case is a
fair use the factors to be considered shall include -
1) the purpose and character of the use,
including whether such use is of a commercial nature or is for nonprofit
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.
The fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above factors.
United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And
Scope of Copyright
Subject to sections 107 through 120, the owner of copyright under this title
has the exclusive rights to do and to authorize any of the following:
1) to reproduce the copyrighted work in copies or phonorecords;
2) to prepare derivative works based upon
the copyrighted work;
3) to distribute copies or phonorecords of the copyrighted work to the
public by sale or other transfer of ownership, or by rental, lease, or
4) in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works, to perform the copyrighted work publicly;
5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or other
audiovisual work, to display the copyrighted work publicly; and
6) in the case of sound recordings, to perform the copyrighted work
publicly by means of a digital audio transmission.
TO: Members of the Faculty, Hoover Institution Fellows, Academic Staff, and
FROM: Condoleezza Rice, Provost
RE: Copyright Reminder October 30, 1998
This memorandum provides a general description of the applicability of the
copyright law and the so-called "fair use" exemptions to the copyright law's
general prohibition on copying. It also describes "safe harbor" guidelines
applicable to classroom copying.
The federal copyright statute governs the reproduction of works of
authorship. In general, works governed by copyright law include such
traditional works of authorship as books,
photographs, music, drama, video
and sculpture, and also software, multimedia, and databases. Copyrighted
works are protected regardless of the medium in which they are created or
reproduced; thus, copyright extends to digital works and works transformed
into a digital format.
Copyrighted works are not limited to those that bear a copyright notice. As
a result of changes in copyright law, works published since March 1, 1989
need not bear a copyright notice to be protected under the statute.
Two provisions of the copyright statute are of particular importance to
teachers and researchers:
* a provision that codifies the doctrine of "fair use," under which limited
of copyrighted works without the permission of the owner is allowed for
certain teaching and research purposes;
* a provision that establishes special limitations and exemptions for the
reproduction of copyrighted works by libraries and archives.
The concept of fair use is necessarily somewhat vague when discussed in the abstract. Its application depends critically on the particular facts of the
individual situation. Neither the case law nor the statutory law provides
bright lines concerning which uses are fair and which are not.
However, you may find it helpful to refer to certain third party source
materials. Guidelines for classroom copying by not-for-profit educational
institutions have been prepared by a group consisting of the Authors League
of America, the Association of American Publishers, and an ad hoc committee
of educational institutions and organizations. In addition, fair use
guidelines for educational multimedia have been prepared by a group
coordinated by the consortium of College and University Multimedia Centers (CCUMC).
These guidelines describe safe harbor conditions, but do not purport to
define the full extent of "fair use."
The guidelines, as well as other source material, are available through a
variety of resources, including through the world wide web site
Stanford University Libraries & Academic Information Resources, in
collaboration with the Council on Library Resources and FindLaw Internet
Legal Resources, are resources I have used to create this web site.
The site assembles a wide range of materials related to the use of
copyrighted material by individuals, libraries, and educational
institutions. I hope that the discussion below helps to clarify further the
nature of "fair use."
I. Fair Use for Teaching and Research
The "fair use" doctrine allows limited reproduction of copyrighted works for
educational and research purposes.
The relevant portion of the copyright statue provides that the "fair use" of
a copyrighted work, including reproduction "for purposes such as criticism,
news reporting, teaching (including multiple copies for classroom use),
scholarship, or research" is not an infringement of copyright.
The law lists the following factors as the ones to be evaluated in
determining whether a particular use of a copyrighted work is a permitted
"fair use," rather than an infringement of the copyright:
* the purpose and
character of the use, including whether such use is of a commercial nature
or is for nonprofit educational purposes;
* the nature of the copyrighted
* the amount and substantiality of the portion used in relation to the
copyrighted work as a whole, and
* the effect of the use upon the potential market
for or value of
the copyrighted work. Although all of these factors will be considered, the
last factor is the most important in determining whether a particular use is
Where a work is available for purchase or license from the copyright owner
in the medium or format desired, copying of all or a significant portion of
the work in lieu of purchasing or licensing a sufficient number of
"authorized" copies would be presumptively unfair. Where only a small
portion of a work is to be copied and the work would not be used if purchase
or licensing of a sufficient number of authorized copies were required, the
intended use is more likely to be found to be fair. A
federal appeals court
recently decided an important copyright fair use case involving course
In Princeton University Press, etal v. Michigan Document Services, the U.S.
Court of Appeals for the Sixth Circuit concluded that the copying of
excerpts from books and other publications by a commercial copy service
without the payment of fees to the copyright holders to create coursepacks
for university students was not fair use. The size of the offending excerpts
varied from 30 percent to as little as 5 percent of the original
Although the opinion in this case is not binding in California, it is
consistent with prior cases from other courts, and there is a reasonable
likelihood that the California federal courts would reach a similar
conclusion on similar facts. Where questions arise, we suggest that you
consult the guidelines for classroom copying and other available source
material available on the fair use web site, cited above. Please note that
the guidelines are intended to state the minimum, not the maximum, extent of
the fair use doctrine.
Thus, just because your use is not within the guidelines, it is it not
necessarily outside the scope of fair use. In the absence of a definitive
conclusion, however, if the proposed use deviates from the guidelines, you
should consider obtaining permission to use the work from the copyright
In instances where the fair use question is important and permission would
be difficult or expensive to obtain, a member of the Fair Use Advisory Group
(described below) or the Legal Office can assist in analyzing whether a
particular proposed use would constitute "fair use."
Some photocopying services will obtain copyright permission and add the
price of the royalties, if any, to the price of the materials. A request to
copy a copyrighted work should generally be sent to the permission
department of the publisher of the work.
II. Permission requests should contain the following:
* Title, author, and/or editor, and edition
* Exact material to be used,
giving page numbers or chapters
* Number of copies to be made
* Use to be made of the copied materials
Form of distribution (classroom, newsletter, etc.)
* Whether the material is to be sold Draft form letters can be obtained from
or reviewed by a member of the Fair Use Advisory Group or the Legal Office.
For certain works, permission may also be sought from the Copyright
Clearance Center (CCC) which will quote a charge for works for which they
are able to give permission.
The Copyright Clearance Center can be contacted at
Clearance Center: Permissions Made Easy
or (978) 750-8400,
but it may be easier to go through a copying service that deals regularly
with the CCC. II. Course Reserves Some libraries will refuse to accept
multiple photocopies or to make photocopies of copyrighted materials needed
for course reserves without first having permission from the copyright
Other libraries on campuses will accept a limited number of photocopies for
course reserves. Consult individual libraries for clarification of their
policies. While the libraries have blanket permission from dozens of
journals, obtaining permission sometimes takes a good deal of time.
Experience in obtaining permission has shown that an inquiry addressed to a
journal publisher frequently produces information that the copyright is
actually held by the author, and four weeks is often inadequate to obtain
Four to six weeks is considered the norm. Permission may be obtained in a
number of ways:
* Upon request, some libraries on campus will obtain materials for course
reserve. In these cases, the librarian will write to obtain permission to
photocopy or to purchase reprints. However, most libraries do not provide
* Written permission may be obtained by the academic department.
* Oral permission may be obtained by faculty members, departmental
secretaries, or library staff, in which case a written record is needed of
Note that filling course reserve requirements may require two to three
months before the quarter begins if the library does not already have a copy
of the publication, if the publication is out of print, or if the copyright
holder is not readily available.
III. Resources Additional information on copyright issues may be found on
world wide web site: