University Daily Kansan
Monday, February 27, 1978
5
New copyright law constrains educators
By MARY-ANNE OLIVAR
Staff Writer
A revised copyright law that restricts multiple copying of materials will complicate and may have a negative effect on several University of Kansas instructors.
The law, which took effect Jan. 1,
replaced a 1909 copyright law.
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Although it is difficult to know what now problems the law might cause, Mike Davis, University counsel, said recently, "The main burden is on the people who use a great number of current materials, such as the New York Times and new novels."
Anna Cienciaia, professor of history, agreed.
"I THINK this is a very restrictive law," she said.
Cienciaal relies on current journal articles and books for her course on
nationalism and communism in Eastern and Central Europe.
"There are no decent textbooks in that area," she said. "So before, if I found a good article I would make three copies of it, roughly one copy per 10 students."
Now, because of the restrictions on multiple copying, Cientica said she would be happy to work with her team.
"And we'll have to tell students to make their own," she said. "We also have to teach them."
ACCORDING TO the law, teachers can make single copies of:
A chapter from a book, an article from a periodical or newspaper, a short story, short essay or short poem, of a chart, graph, diagram or picture from a book, periodical or newspaper.
The copies must be used for the teacher's scholarly research or in teaching or instruction.
Although Cienciala said she could work
around having one copy instead of three, of hardening a new law would put a hardship on students.
Vyonna Lincoln, assistant professor of education, said it was difficult for students to obtain materials that were on reserve. One of her students live out of town, she said.
"I've handed out virtually all readings outside textbooks," she said, "because students have no time to be in town and run over to Watson."
BERNARD HIRSCH, assistant professor of English, said instructors probably would have to put entire books on reserve instead of handing out selected readings.
"If there is a text, a sizeable portion of the cass can be judged in saying that the cass has been used."
Lincoln said students would rather have something on hand to读到 their leisure.
Lincoln said the law hampered teachers
According to the spontaneity clause, instructors can make multiple copies without permission of the copyright holder if it is not used for class. If they receive the permission in time for class use.
Although instructors seemed bothered by the law, those interviewed said that they would not ask permission to use materials from the person who held the copyright.
making copies of rare materials because of the spontaneity clause.
"It's a terribly long procedure," Gienciala said.
"YOU CANNOT copy 30 times every semester the same article," she said. "We will have to put one copy on reserve and hope it won't be rined out."
For Lincoln, the procedure was too expensive.
"Sometimes two paragraphs can cost you
the said, but not a cost that the
department would pay."
★★
Charles Sidman, chairman of the
Law allows some multiple copying
However, instructors must consider the following factors:
- The purpose and character of the use,
  including whether such use is of a commercial nature or for nonprofit educational purposes.
According to Section 107 of the revised copyright law, "Limitations on exclusive rights: Fair Use." instructors can make multiple copies of materials for classroom
department of history, said instructors also were reluctant to ask permission because of the uncertainty of their request being approved.
- The nature of the copyrighted work.
* The amount and substance of the portion used in relation to the copyrighted work as a whole.
"There will be an increase in pressure from academic units to get multiple copies for the library in order to avoid entailment with the law," he said.
Fire harms schools
According to Sidman, there is another way to work around the law.
KANSAS CITY, Mo. (AP)-Arson is suspected in two weekend fires in Kansas City area schools. No one was injured in either blaze.
A fire destroyed the administrative offices of Pasco High School in south Kansas City early Saturday, causing an estimated $250,000 damage to the offices.
Fire broke out in a storage room at the Indian Creek Junior High School in Omaha.
However, Roger Anderson, acquaintions librarian, sait that the library would be unlikely to bear such weight.
Included in the cumulative effect is a provision stating that the copying of the material is for only one course in the school in which the copies are made.
- The effect of the use upon the potential market for or value of the copyrighted work
teacher and if once the teacher decided he wanted to use the material he would not have enough time to ask permission of the holder of the copyrighted work.
Publishers have agreed that if instructors followed a set of guidelines they would not violate the rules.
ACCORDING TO THE guidelines an instructor can make multiple copies of course material for classroom use if the copying is brief, spontaneous, meets the test of cumulative effect and if each copy includes a noticeof copyright.
According to Mike Davis, University counsel, those are the four courts the court would consider if someone were sued by a convict holder.
"The library has always been reluctant to buy multiple copies of books because there is too much."
However, he said, "This does no mean you're home-free."
Copying would be spontaneous if it were at the "instance and inspiration" of the
**TODAY:** Master PIANO CLASSES with Gary Grayman meet from 9:30 a.m. to 12:30 p.m. and from 2 to 5 p.m. in Swarthout Recital Hall in Murphy Hall.
KANSAN On Campus
TOMORROW: SUA BACKGAMMON meets at 7 p.m. in Parlor C of the Kansas union. The SCIENCE FICTION CLUB meets at 7 p.m. in Parlor A of the Union. A CHRISTIAN MUSIC GROUP Dobezoy, "Code Mixing and Vowel Harmony in American Hungarian urban speech," begins at 7:30 p.m. in 207 Blake Hall. AN EDUCATION LECTURE with Samuel Shermins and Bruce Wood begins at 7:30 p.m. The YOUNG ISRAEL ISOLA meet at 7:30 p.m. to discuss "Women in Judaism in the Union's International Room.
Anderson said that buying more copies of a book would put a strain on the library's stock.
ALTHOUGH A number of instructors said they understood the law was revised because there had been many abuses by instructors they disagreed with it.
If the library bought more copies of a book, it would have to forego buying other
Events
Hirsch said, "The law can be potentially inhibiting."
Smith said, "I don't know what I'm instructing. I just want to give my students the readings. I'll have to read the law some day."
IF AN INSTRUCTOR puts several copies on reserve, as Smith does, he has to sign a note stating that the materials had been copied in compliance with Section 107 of the
Thomas R. S. Smith, professor of geography and I have no compulsion in many large corporate offices.
and it is in his interest to protect it," she
much scholarly periodicals do not need the
"If I get sued, I'll get sued," he said.
The idea of being sued does not frighten Smith.
'IT ALL COMES down to a question of the nature of discovery. Who's going to bother it?'
Although signs on Watson Library's copying machines warn about the copyright law, a number of students did not seem concerned about the law either.
Cienclaira said the law made sense for books but not for journals.
Amid all the complaints, at least one instructor was not bothered by the law.
"An author gets royalties for his books
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