Re: Derivative works?

[Sandy Thatcher <sandy.thatcher@alumni.princeton.edu>]

What educational institutions definitely need is "fair use." The 
right to make derivative works is one of the exclusive rights 
guaranteed by the Copyright Act to copyright owners, and it is an 
infringement of copyright to make a derivative work (like a 
translation) without permission from the copyright owner.  A 
contract does not even need to mention this for it to be 
enforceable. This is not to say, however, that translation of a 
small amount of a work for classroom use could not be considered 
fair use, however. Fair use applies to all of the exclusive 
rights.  If the contract had said that "no fair use can be made 
from the content," you would not want to sign any such contract!

Sandy Thatcher


>Hi, all,
>
>A question for your collective wisdom. I have seen agreements
>that specify that "no derivative works can be made from the
>content." Well, as educational institutions, isn't that what
>research, writing papers, etc, is all about? Or am I making
>mountains out of molehills and this refers more to
>plagiarism-type problems?
>
>Thanks,
>
>Julie C. Blake
>Assistant Director for Electronic Licensing, OhioLINK
>julie@ohiolink.edu