Now, there are a few presumptions, or at least common policies, inherent in fair use: 1) the copies are made by the person that will use the document; 2) subsequent copies are made from the first copy and not the original, and are to used within the fair use provision; and 3) the entire document, particularly books, will not be copied in their entirety. It is common for institutional and commercial copying services to deny a job request if they feel that there may be a copyright infringement on original documents, even if it is a clear fair use situation, as they would be liable for that infringement. This is one reason that you will find serious graduate students spending a lot of money and time at photocopy machines doing their own copying; it is also surprising how much speed reading gets done at photocopiers.
Regarding Peter's comment about bootlegging, I do sympathize with this feeling if the user makes frequent use of articles from particular journals; hence one reason by university faculty and researcher offices are loaded with shelf space devoted to journals and books. And, a lot of money is spent on these subscriptions or other purchases. However, I do not see that the copying of an occasional article as a problem. Making a request to another person to obtain an occasional article is also not a transgression of either copyright or common courtesy. What is sometimes seen, however, is that some people that lack the patience or knowledge to use libraries and their services (e.g., interlibrary loan [received articles are typically photocopies!]) are dependent upon others to do the footwork. In your case, Eric, I do not see any problems with your search for knowledge.
Paul
On Nov 2004, at 2:09 PM, Eric Hunt wrote:
Peter O'Byrne recently wrote:
"You should support the journal by purchasing your copies (just like everyone else does) rather than asking someone to bootleg them for you."
Peter, is it correct to then infer from your comment that when I go to the
scientific library at the California Academy of Sciences and photocopy these
articles for my own personal use that I am "bootlegging" the magazine?
How is going to a library and making copies yourself different from having a
third party do the exact same thing and send them to you in an email or as a
physical paper photocopy that is mailed to you?
I'm not trying to be flame bait here, just pointing out to me what is a very
obvious disconnect of thought.
Thanks,
-Eric in SF www.orchidphotos.org --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.799 / Virus Database: 543 - Release Date: 11/19/2004
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