Stanford University Libraries also has a very helpful site on copyright - here's the section on fair use: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html.
Anna Berkes
Research Librarian | Jefferson Library
Thomas Jefferson Foundation, Inc.
http://www.monticello.org
-----Original Message-----
From: Jon Kukla [mailto:[log in to unmask]]
Sent: Wednesday, June 22, 2011 1:26 PM
To: [log in to unmask]
Subject: [VA-HIST] Fair use
"Fair use is use [of copyrighted material] that is fair -- simply that,"
says the Chicago Manual of Style -- chapter 4 of which remains the best
introduction to Rights and Permissions in general and the doctrine of Fair
Use within that context. I cut my teeth on the 11th edition, but the 16th
edition is the most recent for the Chicago Manual.
To give you an idea of the ramifications of Fair Use, here are the first two
screens of subtopics for Fair Use in the Online Edition of the Chicago
Manual:
4.77: Overview of the legal doctrine ... 4.77 Overview of the legal
doctrine. The doctrine of fair use was originally developed by courts as an
equitable limit on the absolute rights of copyright. ...
4.88: The Copyright Act ... 4.88 The Copyright Act. Fair use has been much
in dispute as applied to photocopying for classroom and library use. The
Copyright ...
4.89: Library photocopying ... The new law does attempt to define minimum
fair-use limitations on machine copying by libraries, in a long section with
many exemptions and caveats too complex ...
4.78: Validity of "rules of thumb" ... 4.78 Validity of "rules of thumb".
Although the law lays out no boundaries or ironclad formulas for fair use,
some publishers have their own rules of thumb. ...
4.82: Paraphrasing ... 4.82 Paraphrasing. Bear in mind that although fair
use will protect verbatim copying, unfair use will not be excused by
paraphrasing. ...
4.77 Overview of the legal doctrine; 4.78 Validity of "rules of thumb"; 4.79
A ...
4.86: Unnecessary permissions ... Given the ad hoc nature of fair use and
the absence of rules and guidelines, many publishers tend to seek permission
if they have the slightest doubt whether a ...
4.79: A few general rules ... 4.79 A few general rules. Fair use is use that
is fair-simply that. Uses that are tangential in purpose to the original,
and uses ...
4.84: Charts, tables, and graphs ... This latter approach has the flaw of
being too absolute in practice, for it is difficult under this rationale to
imagine any fair use of such an image. ...
4.80: Epigraphs and interior monologues ... Quotation in the form of an
epigraph does not fit neatly into any of the usual fair-use categories but
is probably fair use by virtue of scholarly and artistic ...
4.90: Educational photocopying ... report published at the time the law was
being written includes privately negotiated guidelines, implicitly approved
by Congress, for fair use of copyrighted ...
4.83: Pictorial and graphic materials ... Reproducing "thumbnail sketches"
of images has been held to be a fair use since they are so small and of such
poor resolution that they cannot reduce the ...
4.85: Importance of attribution ... the source. This not only bolsters the
claim of fair use but also helps avoid any accusation of plagiarism. Nothing
elaborate is ...
et cetera, et cetera........
Jon Kukla
________________
www.JonKukla.com <http://www.jonkukla.com/>
On Tue, Jun 21, 2011 at 2:14 PM, John Smith at dhova <[log in to unmask]>wrote:
> Thank you all who pointed me toward info on the James River Kanawha Canal.
> I got some great contacts, and found a 2009 book that had exactly the
> information that I wanted about the locks, the route and such. I have
> started writing up a little article on our experience on the Kennet & Avon
> Canal as it related to the JRK Canal of 150 years ago. But as usual, that
> brings up several other questions.
>
> 1-A copyright free map of the JRK Canal. The only one that I can find is
> an 1863 sketch. I have plumbed the riches of the Library of Congress and
> Library of Virginia and Virginia Historical Society and cannot find one.
> There is a map in the Official Military Atlas of the Civil War that I would
> like to use, but cannot find a digital copy anywhere. I have a BIG book
> with maps in it, but the book is copyright -- all rights reserved. Google
> Maps is outstanding, but forget using any of those. I thought I had a
> chance when I downloaded a copy of SMART DRAW, but in reading the fine
> print, and then following up with a question, I found out those maps are all
> copyrighted. Which brings me to my second question.
>
> 2-The people's right to historical documents. There are no doubt copies of
> JRK canal maps around somewhere, and I found an 1880 UK Ordanace Survey map
> of the K&E canal on the UK History website. But when I asked for permission
> to use it, was told that a private firm held the copyright. I do not
> understand how a public record can be un-publicked.
>
> 3-Finally -- and not trying to turn VA_Hist into a legal forum -- what in
> the world is "fair use?"
>
> Meanwhile, I continue to work on an article, making extensive use of
> photographs that my friend Paul took on our canal trip. My camera fell into
> the canal, so it is great that he was shooting pics. I hope to have
> something complete by this time next month.
>
> Randy Cabell
>
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