Legal Question in Education Law in New York
Fair use for education and internet posting
Can a teacher post brief passages from copyrighted material on a public internet site for use by his/her students? The material to be posted would meet all fair use qualifications if it were only to be copied and handed to students. The question is only whether or not posting the passages on the internet (with attribution) is still considered fair use when it then becomes available to a much wider audiance than just the teacher's classes.
1 Answer from Attorneys
Re: Fair use for education and internet posting
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
I have not heard of a case where the manner of publication bears on the "fair use" doctrine, though this is a developing area of the law. So if you are very concerned, use paper copies.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel
Attorney at Law
516-312-9900
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