Fair use and copying of chapters
I am trying to understand fair use and the copying of chapters and articles from books. I understand that fair use guidelines are rules that show copying, displaying or performing certain percentage of copyrighted work is lawful. What is this amount?
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Christian Alexander said:
I understand that fair use guidelines are rules that show copying, displaying or performing certain percentage of copyrighted work is lawful. What is this amount?
This was discussed sometime ago at https://community.logos.com/forums/t/80317.aspx - one of the points made there is that the amount is not specifically defined
I don't know whether this has changed since then.
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This is a case where BARD or ChatGPT is your friend in finding the answer for yourself:
ChatGPT said:What amount of a copyrighted text may be used under fair use?ChatGPTI'm not a lawyer, but the concept of "fair use" in U.S. copyright law allows for limited use of copyrighted material without permission from the rights holder for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. However, determining what exactly qualifies as fair use can be complicated. Here are a few key things to consider:
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No Specific Amount is Safe: There's no strict percentage or word count that universally qualifies as "fair use." The amount of a copyrighted work that can be used under fair use depends on the context and the four factors that courts consider (discussed below). So, just because you use only a small portion of a copyrighted work doesn't mean it's automatically considered fair use.
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The Four Factors: The determination of fair use is based on an evaluation of four factors:
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The purpose and character of the use: Non-profit, educational uses are more likely to be considered fair than for-profit uses. Transformative uses (where the material is used in a way that adds new value or meaning) can also weigh in favor of fair use.
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The nature of the copyrighted work: Facts and ideas are less protected than creative expressions. Using a small portion of a purely factual work might be more acceptable than using a small portion of a creative or fictional work.
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The amount and substantiality of the portion used in relation to the copyrighted work as a whole: This isn't just about quantity but also about the significance of the part used. For example, borrowing a core, memorable scene from a movie—even if it's short—might weigh against fair use.
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The effect of the use on the potential market for or value of the copyrighted work: If your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work, it's less likely to be considered fair use.
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No Guarantees: Even if you believe your use qualifies as fair use, there's no guarantee a court will agree. Fair use is determined on a case-by-case basis, and what one court sees as fair use, another might not.
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Other Countries: Copyright and fair use laws differ by country. The U.S. has a relatively broad concept of fair use, but many other countries don't have an equivalent doctrine, or they might have a more limited set of exceptions.
If you're considering using copyrighted material under the doctrine of fair use, you should consult with a copyright attorney or specialist to get guidance tailored to your specific situation.
I would generally be leery of a whole chapter ... and would think of an article as it's own work and, therefore, never fair use.
Orthodox Bishop Alfeyev: "To be a theologian means to have experience of a personal encounter with God through prayer and worship."; Orthodox proverb: "We know where the Church is, we do not know where it is not."
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MJ what I am asking is this. Let's say I do not have a book but need an article or a set range of pages (anywhere from 3-5 pages). Can I request this from the forum members to see if they have the book?
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Christian Alexander said:
MJ what I am asking is this. Let's say I do not have a book but need an article or a set range of pages (anywhere from 3-5 pages). Can I request this from the forum members to see if they have the book?
Sure, you can request it. Legally, we can't give it. That sort of thing is never covered under "fair use," as far as I know. It would be the same as asking a friend to give you three songs from a digital album they paid for on iTunes.
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Generally, a paragraph or two is the limit. The best solution I have ever seen was a professor in New Mexico in a field that the university library was very weak in, married the son of a professor in Wisconsin where the university library was very strong. She simply had her father-in-law check out the books she needed and mail them to her. A satisfactory solution for out of copyright materials was found for the Yale library copy of the Tibetan tripitika ... the librarians didn't know Tibetan so interlibrary loan requests were basically ignored. Rather you called a laundromat near campus, spoke to the Tibetan owner and he'd go over and get the required materials copied and sent to you.
In short, the answer is (1) you are allowed to copy for use in study and marking up much more than fair use allows. Fair use is defined more for copying as a textbook for a class or quoting in a paper or book. (2) the solution to the problem that truly works is to team with someone with access to a large library. Someone you know should know someone they know that might serve this function.
Orthodox Bishop Alfeyev: "To be a theologian means to have experience of a personal encounter with God through prayer and worship."; Orthodox proverb: "We know where the Church is, we do not know where it is not."
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This is helpful MJ. This can be a sticky and thorny issue. I like to ask for forgiveness afterwards. I want to thank you for explaining this. How can I proceed when I need a few pages and do not own the resource and my college library cannot procure it?
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MJ. Smith said:
team with someone with access to a large library.
Regional Accredidation has library standards. A School's librarian should be the first contact, not a Software Users Forum.
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David Thomas said:
A School's librarian should be the first contact,
From things that had been said earlier, I was assuming that the school's librarian/library had already been tried. But you are correct that this is the first stop for most students - distance learning students is beyond my knowledge.
Orthodox Bishop Alfeyev: "To be a theologian means to have experience of a personal encounter with God through prayer and worship."; Orthodox proverb: "We know where the Church is, we do not know where it is not."
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MJ. Smith said:
distance learning students is beyond my knowledge
Accredited online programs must meet certain standards for assisting online students. The libraries provide access to resources online and can do inter-library loans for print books. Librarians are available to meet on zoom calls. All of this should be available through his school.
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Christian Alexander said:
Let's say I do not have a book but need an article or a set range of pages (anywhere from 3-5 pages).
There are places called libraries where you can access virtually unlimited books for free. You do not even need to go there anymore.
If your local library supports Hoopla you can borrow ebooks and audiobooks. It is free, and it is legal.
I searched on Hoopla for greek lexicons, and limited the results to ebooks. The result was:
Showing 1 - 48 of 8317 results for "greek lexicon new testament". I could not find BDAG on there.
I personally have listened to many N.T. Wright audiobooks, some of them more than once. These are very good books, but still hard to justify how expensive they are to purchase. My local library has made a very large selection of them available for free.
Just for an example, lets say you are studying the book of Revelation, but cannot afford the best (and most expensive) commentaries.
Hoopla has the NICOT commentary available, which you can access free. The Book of Revelation by Robert H. Mounce 1997 Wm. B. Eerdmans Publishing Co. English 475 Print Pages.
If your Logos level allows, you can also add this title to your print library so it will search in Logos.
Everything here is completely legal. But as for copying large portions of a copyrighted work, those issues always remain even when you borrow a book from the Library.
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My college has an online library of only 5245 books and only 3 lexicons, LSJ, Thayer's and Mounce's dictionary. My county library does not have Hoopla.
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