In another forum, someone asked if we could type out the practice sentences from Wheelock for him, so he wouldn’t have to buy the book. Benissimus declined, questioning the legality of such an operation. I agree with him.
But we do this all the time anyway. What about when users of Wheelock posts the questions and their attempts, and then ask for feedback? Are they not still duplicating a copyrighted text?
For example, I suspect we have more than half the excercises out of “M&F’s Latin: An Intensive Course” in the forum of that name. What about when we are close to having the whole copyrighted text in the forum, typed out piecemeal? All that need be done is the reassembling of the fragments.
Users who do not want to buy the book can get many of the excercises here now–and that user who wanted us to type out certain Wheelock excercises will certainly get his wish, when someone decides to use the forum to check his or her answers for chapter 19.
So really I’m just interested in your opinions, or what the Textkit policy is–or if I am thinking of a new problem.
It depends on several factors (in the US) - from the US Code 17 US 107:
Sec. 107. - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, > the fair use > of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, > for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright> . In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1)
the purpose and character of the use, including whether such use is of a commercial nature or is for > nonprofit educational purposes> ;
(2)
the nature of the copyrighted work;
(3)
the > amount and substantiality of the portion used in relation to the copyrighted work as a whole> ; and
(4)
the > effect of the use upon the potential market > for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Criticism/teaching is one thing, but having the entire text available (regardless of how many pieces) is a violation.
As far as the “teaching” use goes, I think they are talking about when a teacher makes a copy for a class of ten people, rather than when someone posts it on the internet for all to see. But I see it is nebulous ground (how is that for a mixed metaphor), which I suspected originally.
Exactly. This had led to a few lawsuits and settlements in that past few years regarding internet sites and republication of news items - even by non-profit sites whose sole stated purpose was to discuss the items.
In this case, if the site has substantial portions of a book still under protection, I would recommend removing the majority of the text in question.
As an alternative, Jeff could contact the copyright holders, express his concerns about the text, state the intended [educational] use of the text [never whole] on the site, and ask for WRITTEN permission to continue. Who knows, they might agree that due to the difficulty of assembling the text it’s not an issue, and the interest in the book/language might actually help sell a few more copies.
I downloaded a few of the free books here, but I’ve already purchased 11 older ones - there’s something about having a “book” in hand that cannot be duplicated by a downloaded copy.
I downloaded a few of the free books here, but I’ve already purchased 11 older ones - there’s something about having a “book” in hand that cannot be duplicated by a downloaded copy.
I know! It’s a little off-topic, but I use the PDF’s at Textkit as free trials. After testing out Smyth, and Allen and Greenough, I bought versions of them.
I agree. I used the “free” versions to make sure that this was something I wanted to do, and could do on my own - well, with some help from a few friends.
With that answered, I started shopping for some older books - primarily to copy for Jeff/Textkit. I guess before it’s over I’ll be considered an addict.
I leave the books around the house - several include a good bit of history - and my daughters have started reading them. I won’t force Latin on them, but I hope they continue to develop an interest in Latin.
For example, I suspect we have more than half the excercises out of “M&F’s Latin: An Intensive Course” in the forum of that name. What about when we are close to having the whole copyrighted text in the forum, typed out piecemeal? All that need be done is the reassembling of the fragments.
Actually, no. I started most of the threads in the M&F forum. And IIRC all but one of those are only the English to Latin questions in each unit. Those questions represent about 6% of the exercises.
However, the general point is a valid one. I’m quite happy for threads geared to a particular book to be deleted after a certain amount of time e.g. a week. (All right I know nothing is ever really deleted from the internet, it’s all cached somewhere.)
Of course it may be that M&F or the University of California Press are quite pleased to have their book picked out and given the textkit seal of approval for autodidacts in this way.
