Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/75

Chapter Four. Fair Use (Section 107) The American Association of University Professors and the Association of American Law Schools criticized the Guidelines “particularly with respect to multiple copying, as being too restrictive with respect to classroom situations at the university and graduate level” and would not endorse them. Acknowledging this criticism, the House Judiciary Committee noted that the “purpose of the … guidelines is to state the minimum and not the maximum standards of educational fair use,” and that “there may be instances in which copying which does not fall within the guidelines … may nonetheless be permitted under the criteria of fair use.”

You will note that the Guidelines do not permit the creation of coursepacks. As you read earlier, many courts agree, and so do we. When you create a coursepack that serves as the primary text for students in a class, get permission for each item that is protected by copyright, regardless of who does the copying—a for-profit copyshop, a non-profit university copy center, or a teacher. Coursepacks require permission. Period. If a teacher cannot get permission to include an article or book chapter in a coursepack, then leave it out.