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Article
To Copy or Not to Copy: The Educator's Dilemma
Journal of Law & Education (1990)
  • Jay Dratler, University of Akron School of Law
Abstract
This article attempts to make the case for a balance of copyright incentives more favorable to educators. Part I introduces the dilemma faced by every educator who uses copyrighted works: the Hobson's choice between infringing others' copyrights and observing cautious legal procedure, thereby perhaps hobbling the giant strides toward excellence in education that modern information technology makes possible. Part II discusses Congress' accommodation of educators under the Copyright Act of 1976 and compares that statute with its predecessor, the Copyright Act of 1909. Focusing on educational performances and broadcasts, photocopying for the classroom, and the doctrine of "fair use," Part II explores the current law's inadequacy for educators in the information age. Part III describes in general terms a legislative solution to the educator's dilemma derived from three concepts of existing copyright law - the commercial availability of copyrighted works, the notion of a commercially "fair price," and the spontaneity of educators' use of copyrighted works. It suggests that these concepts provide a foundation for a unified, practical approach to educators' use of copyrighted works, and it analyzes how their application might fairly balance the interests of educators, students, authors, producers, publishers, and the public. Finally, Part IV proposes specific language for an amendment to the statute, with the hope that the education lobby will strike while the iron is hot.
Keywords
  • fair use doctrine
Disciplines
Publication Date
1990
Citation Information
Jay Dratler, To Copy or Not to Copy: The Educator's Dilemma, 19 Journal of Law & Education 1 (1990).