Klarinet Archive - Posting 001123.txt from 1997/11

From: Roger Garrett <rgarrett@-----.edu>
Subj: Re: Public domain and copyrights
Date: Sun, 30 Nov 1997 10:41:24 -0500

On Sun, 30 Nov 1997, Martin Pergler wrote:

> I just went a took a look at this site. Interesting reading and
> a valuable resource. But I'm puzzled about the "definiteness" of the
> information given, in particular the specific number 10%.
>
> I'm *close* to ignorant about intellectual property law, but my
> understanding was that the law on Fair Use exceptions to copyright is
> quite vague, with considerable latitude generally left the the courts.
> (see for instance http://www.cetus.org/fair5.html ) so I'm very curious
> where MPA got some of the very specific info they provide, for instance
> the 10% limit. Is this case law? (i.e. courts have ruled in past cases
> that 10% is crucial) Are these internal guidelines used by publishers as
> to whether to pursue putative copyright violations? Or are these informal
> recommendations by someone somewhere to ensure a user is ``safe''?

Our university attornies drew up and distributed representative copyright
laws with suggestions for complying.....one of the statements described
photocopies that do not contain more than 10% of the original publication.

Roger Garrett
IWU