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Instructional Purposes as "Fair Use" of Copyrighted Materials

Making copies of works for this purpose does not constitute "fair use".

California
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Key point: Making copies of copyrighted religious works for instructional purposes does not constitute permissible "fair use."

• A federal court in California ruled that an instructor who made copies of copyrighted religious books and tapes for instructional purposes was guilty of copyright infringement. The court rejected the instructor's defense of "fair use." The Copyright Act permits owners of copyrighted material to engage in the "fair use" of such material. The concept of fair use is a narrow one that should not be viewed as a form of blanket authorization to duplicate copyrighted materials. In determining whether a particular use of a copyrighted work is a "fair use," four factors are considered. First, what is the purpose and character of the use? Second, what is the nature of the copyrighted work? Third, what is the "amount and substantiality" of the portion copied? That ...

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Posted:
  • May 2, 1994

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