What's fair use?
“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
Copyright protection has behind it Constitutional Authority because of the importance placed on the creation of new ideas and inventions in an emerging country, and has precedent in the US as far back as 1710.
Article 1, Section 8 of the US constitution says ' The Congress shall have the power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries…”
Article 1, Section 8 tells us that copyright is meant to ensure and encourage commerce. Part of the incentive to produce something- be it a poem, a painting, or an epic work of fiction, is that you will eventually be rewarded for your efforts. Copyright provides assurances that allow artists, writers, and other creative types to produce work. It protects the livlihood of creators, and ensures that they will receive credit for their work. Without copyright, there would be less motivation to create for the market, because anyone could just steal your idea and profit off of it (either fanancially, or professionally). Copyright ensures that an idea has certain protections, which enable the creator to control their work for a given period of time.
The Mission of the Copyright Office—”promote creativity by administering and sustaining an effective national copyright system”
1. Yes. Distribution of multiple copies for classroom use is fair use. However, the repeated use of a copyrighted work, from term-to-term, requires more scrutiny in a fair use evaluation. Repeated use, as well as a large class size, may weigh against fair use.
2. No, if access is open to the public, then this use is probably not a fair use. No exclusively educational purpose can be guaranteed by putting the article on the web, and such conduct would arguably violate the copyright holder's right of public distribution. If access to the web page is restricted, then it is more likely to be fair use.
3. No. Although the use is educational, the professor is using the entire work, and by providing copies of the entire book to his students, he has affected the market. This conduct clearly interferes with the marketing monopoly of the copyright owner. The professor should place a copy on reserve or require the students to purchase the book.